256 N.W. 615 (Mich. 1934), 132, People v. De Bolt

• Docket Nº: 132
• Citation: 256 N.W. 615, 269 Mich. 39
• Opinion Judge: [269 Mich. 41]NELSON SHARPE, Chief Justice.
• Party Name: PEOPLE v. DE BOLT.
• Attorney: [269 Mich. 40] Raymond H. Dresser and Roy H. Hagerman, both of Sturgis, for appellant. Patrick H. O'Brien, Atty. Gen., and Geo. H. Arnold, Pros. Atty., of Three Rivers, for the People.
• Judge Panel: POTTER, NORTH, FEAD, WIEST, BUTZEL, BUSHNELL, and EDWARD M. SHARPE, JJ., concur.
• Case Date: October 01, 1934
• Court: Supreme Court of Michigan

Page 615

256 N.W. 615 (Mich. 1934)

269 Mich. 39

PEOPLE

v.

DE BOLT.

No. 132

Supreme Court of Michigan

October 1, 1934

Appeal from Circuit Court, St. Joseph County; Theo T. Jacobs, Judge.

Harold De Bolt was convicted of robbery while armed, and he appeals.

Reversed, and new trial ordered.

Argued before the Entire Bench.

[269 Mich. 40] Raymond H. Dresser and Roy H. Hagerman, both of Sturgis, for appellant.

Patrick H. O'Brien, Atty. Gen., and Geo. H. Arnold, Pros. Atty., of Three Rivers, for the People.

Page 616

[269 Mich. 41]NELSON SHARPE, Chief Justice.

The information filed herein charged the defendant, Harold De Bolt, and Vincent Minneci, Joseph McDonald, and Henry Gerber with the robbery, while armed, of the First National Bank of Burr Oak on the 15th day of January, 1934. At the request of defendant he was granted a separate trial.

The evidence submitted clearly establishes the fact that the three defendants, other than De Bolt, entered the bank soon after 9 o'clock in the morning of the day above stated, and, with deadly weapons, held up the cashier and a number of others then present and stole therefrom about $600 in money. While De Bolt was not then present, it is the claim of the prosecution that he had joined with the others in planning the robbery and was an accomplice in the commission of the crime. He was convicted and sentenced to prison for a term not exceeding 25 years and not less than 10 years, and has appealed therefrom.

There is little dispute in the facts. De Bolt did not take the stand as a witness. The court very properly instructed the jury that no inference of guilt could be drawn from his failure to do so.

The evidence discloses that De Bolt, hereafter spoken of as the defendant, whose home was in the city of Sturgis, rented a cottage, with little furniture in it, near a lake about 13 miles from Burr Oak, on December 22 or 23, 1933, for 30 days; that while visiting in Chicago he invited the other defendants to be his guests at the cottage, and they came there with him on January 5, 1934; that he entertained them while there; took them to some public places, ate some meals at restaurants, and went to some billiard halls; that he was driving around with a friend on the night of the 14th and about 4:30 in [269 Mich. 42] the morning of the 15th came to the cottage and remained there until...