214 N.W.2d 749 (Mich.App. 1974), 16109, People v. Wilder

Docket Nº:Docket No. 16109.
Citation:214 N.W.2d 749, 51 Mich.App. 280
Opinion Judge:Before T M BURNSand V J BRENNAN and VanVALKENBURG, JJ
Party Name:PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James Douglas WILDER, Defendant-Appellant.
Judge Panel:Before T. M. BURNS, P.J., and V. J. BRENNAN and VanVALKENBURG[*], JJ.
Case Date:January 16, 1974
Court:Court of Appeals of Michigan

Page 749

214 N.W.2d 749 (Mich.App. 1974)

51 Mich.App. 280

PEOPLE of the State of Michigan, Plaintiff-Appellee,

v.

James Douglas WILDER, Defendant-Appellant.

Docket No. 16109.

Court of Appeals of Michigan, Division No. 2.

January 16, 1974

Released for Publication Feb. 19, 1974.

Page 750

John Agnew [51 Mich.App. 281] Shrank, Lansing, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Raymond L. Scodeller, Pros. Atty., for plaintiff-appellee.

Before T. M. BURNS, P.J., and V. J. BRENNAN and VanVALKENBURG[*], JJ.

V. J. BRENNAN, Judge.

Defendant, James Douglas Wilder, appeals as of right from his conviction by a jury in the Ingham County Circuit Court of armed robbery (M.C.L.A. § 750.529; M.S.A. § 28.797). Four alleged errors are raised by defendant and urged as requring reversal of his conviction.

In the early morning hours of March 18, 1972, a 'Seven-Eleven' grocery store in East Lansing, [51 Mich.App. 282] Michigan, was the site of an armed robbery. One clerk was on duty at the time and he was ordered by a man armed with a .25-caliber pistol to hand over the contents of a safe and cash register. The clerk, Paul Fisher, complied with these instructions, placing the contents of the safe in a bank deposit bag and the contents of the cash register in a brown paper bag. The robber then departed telling the clerk to stay in the back room of the store for five minutes or he would be shot. Mr. Fisher subsequently summoned the police and explained what occurred. He described the robber as a black male wearing a green windbreaker and a black stocking cap with a tassle on it. This armed man was not the defendant, however.

Officer Larry Dodson was on duty on the night in question and received a radio report of the robbery. He began to proceed to the store when he noticed an automobile heading toward him with two black men in it. He observed the two men turn around and watch him as he passed so he slowed down to get the vehicle's license number. As he did so, the automobile accelerated. He thereupon made a U-turn and a chase through the streets of East Lansing ensued. By this time the suspect vehicle had its lights turned off and Officer Dodson had his flasher going. Officer Dodson finally caught up with the vehicle at the end of a dead end street where it had been abandoned. As he got out of the patrol car, he noticed a black stocking cap hanging from the branch of a small tree. He secured this as possible evidence, made a slight search of the surrounding area and then waited for additional units to arrive. On the seat of the car was a bank deposit bag similar to that used by the store and a...

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