188 N.W. 401 (Mich. 1922), 134, People v. Mangiapane

• Docket Nº: 134.
• Citation: 188 N.W. 401, 219 Mich. 62
• Opinion Judge: McDONALD, J.
• Party Name: PEOPLE v. MANGIAPANE.
• Attorney: [219 Mich. 64] Entenza & Ricca, of Detroit, for appellant. Merlin Wiley, Atty. Gen., and Paul W. Voorhies, Pros. Atty., and John V. Brennan, Asst. Pros. Atty., both of Detroit, for the People.
• Judge Panel: Argued before FELLOWS, C.J., and WIEST, McDONALD, CLARK, BIRD, SHARPE, MOORE, and STEERE, JJ.
• Case Date: June 05, 1922
• Court: Supreme Court of Michigan

Page 401

188 N.W. 401 (Mich. 1922)

219 Mich. 62

PEOPLE

v.

MANGIAPANE.

No. 134.

Supreme Court of Michigan

June 5, 1922

Error to Circuit Court, Wayne County; Arthur J. Webster, Judge.

Vito Mangiapane was convicted of murder in the first degree, and brings error. Affirmed.

Argued before FELLOWS, C.J., and WIEST, McDONALD, CLARK, BIRD, SHARPE, MOORE, and STEERE, JJ.

Page 402

[219 Mich. 64] Entenza & Ricca, of Detroit, for appellant.

Merlin Wiley, Atty. Gen., and Paul W. Voorhies, Pros. Atty., and John V. Brennan, Asst. Pros. Atty., both of Detroit, for the People.

McDONALD, J.

The defendant was convicted of murder in the first degree on an information charging him jointly with Steve Marabito, Tony Doss, Stanley Mikenowicz, and Frank Gonyeau with having killed and murdered one Mike Sineie at the city of Wyandotte, Wayne county, Mich., on the 13th day of June, 1920.

Steve Marabito had previously been tried and acquitted. Since defendant's trial, Stanley Mikenowicz has pleaded guilty to carrying concealed weapons. The case against Doss went down on an order of nolle prosequi, and Frank Gonyeau, who at first pleaded guilty to murder in the second degree, changed his plea to not guilty and then pleaded guilty to carrying concealed weapons. The defendant had a separate trial.

It is the theory of the people's case that on the evening of the murder this defendant and others, including the four men named with him in the information, went by agreement to a house on the corner of Fifth and Oakes streets for the purpose of committing a burglary; that the defendant and Gonyeau remained outside as guards while the others entered; that in attempting to commit the burglary they shot and killed Mike Sineie. Gonyeau was taken in custody by the [219 Mich. 65] police officers as he was running away from the house, and defendant was found behind a tree, in front, with a gun by his side. Gonyeau confessed, and was a witness for the people in the case against Marabito, and again in this case against the defendant.

The defendant claims that he knew of no plan or attempt to commit burglary; that he was not a party to it; that no plan had been made earlier in the evening at his house, as the people claim; that he had no knowledge of the burglary, and was in no way implicated in it. On the trial the defendant was a witness in his own behalf, and...