People v. Crown, 9291

Decision Date28 April 1971
Docket NumberNo. 9291,No. 2,9291,2
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. John T. CROWN, Defendant-Appellant. Docket,
CourtCourt of Appeal of Michigan — District of US

Shaker Brackett, Flint, for defendant-appellant.

Frank J. Kelley, Atty., Gen., Robert A. Derengoski, Sol. Gen., Robert F. Leonard, Pros. Atty., Donald A. Kuebler, Chief Asst. Pros. Atty., Richard P. King, Asst. Pros. Atty., for plaintiff-appellee.

Before QUINN, P.J., and R. B. BURNS, and McGREGOR, JJ.

PER CURIAM.

On a charge of breaking and entering, contrary to M.C.L.A. § 750.110 (Stat.Ann.1970 Cum.Supp. § 28.305), defendant was tried in a non-jury trial no November 25, 1969. Upon a verdict of guilty, he was sentenced on January 6, 1970, to serve from 9 to 10 years in prison. He appeals as of right.

Defendant challenges the sufficiency of the evidence, alleging that it was circumstantial and did not warrant a verdict of guilty.

It is well-established in this state that circumstantial evidence can support a conviction. People v. Barron (1968), 381 Mich. 421, 163 N.W.2d 219; People v. Raetz (1968), 15 Mich.App. 404, 405, 166 N.W.2d 479. Although the instant trial was not exemplary in terms of the clarity of proof, sufficient evidence was adduced at trial which, if believed, would sustain the conviction.

Defendant's only other claimed error concerns the prosecutor's failure to indorse on the information and to call as a Res gestae witness an accomplice. This issue is so well-settled as not to require any detailed discussion. The rule requiring the prosecution to indorse and call as witnesses all noncumulative Res gestae witnesses does not apply to accomplices. People v. Sanders (1970), 28 Mich.App. 510, 184 N.W.2d 487; People v. Morgan (1970), 24 Mich.App. 660, 180 N.W.2d 842; People v. Brown (1969), 15 Mich.App. 600, 167 N.W.2d 107.

Having shown neither insufficiency in the proofs nor reversible error in the failure to indorse or call the accomplice, defendant's conviction is affirmed.

Affirmed.

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5 cases
  • People v. Burse, Docket No. 18972
    • United States
    • Court of Appeal of Michigan — District of US
    • June 23, 1975
    ... ... People v. Compton, 23 Mich.App. 42, 178 N.W.2d 133 (1970); People v. Compian, 38 Mich.App. 289, 196 N.W.2d 353 (1972). See, also, People v. Crown, 33 Mich.App. 266, 189 N.W.2d 810 (1971); People v. Brown, 42 Mich.App. 608, 202 N.W.2d 493 (1972).' ...         In the instant case, the ... ...
  • People v. Fidel
    • United States
    • Court of Appeal of Michigan — District of US
    • December 6, 1971
    ...People v. Moore (1971), 29 Mich.App. 597, 185 N.W.2d 834; People v. Chaney (1970), 21 Mich.App. 120, 174 N.W.2d 919; People v. Crown (1971), 33 Mich.App. 266, 189 N.W.2d 810; People v. Green (1971), 32 Mich.App. 482, 189 N.W.2d * MICHAEL D. O'HARA, former Supreme Court Justice, sitting on t......
  • People v. Moore, Docket No. 12438
    • United States
    • Court of Appeal of Michigan — District of US
    • January 14, 1974
    ...23 Mich.App. 42, 178 N.W.2d 133 (1970); People v. Compian, 38 Mich.App. 289, 196 N.W.2d 353 (1972). See, also, People v. Crown, 33 Mich.App. 266, 189 N.W.2d 810 (1971); People v. Brown, 42 Mich.App. 608, 202 N.W.2d 493 In this case there was a dead body and evidence of an unnatural death. A......
  • People v. Threkeld
    • United States
    • Court of Appeal of Michigan — District of US
    • June 25, 1973
    ...However, it is equally well established that the prosecution is not obligated to endorse or produce accomplices. People v. Crown, 33 Mich.App. 266, 189 N.W.2d 810 (1971); People v. Moore, 29 Mich.App. 597, 185 N.W.2d 834 (1971). In People v. Raider, 256 Mich. 131, 135--136, 239 N.W. 387, 38......
  • Request a trial to view additional results

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