300 N.W. 119 (Mich. 1941), 60, People v. Foley

Docket Nº:60.
Citation:300 N.W. 119, 299 Mich. 358
Opinion Judge:BUTZEL, Justice.
Party Name:PEOPLE v. FOLEY.
Attorney:Herbert J. Rushton, Atty. Gen., for Michigan, and William E. Dowling, Pros. Atty., for Wayne County, and Ralph E. Helper, Asst. Pros. Atty. for Wayne County, both of Detroit, for the People. Benjamin C. Stanczyk, of Detroit (George Schudlich, of Detroit, of counsel), for appellant.
Judge Panel:SHARPE, C. J., and BUSHNELL, BOYLES, CHANDLER, NORTH, STARR, and WIEST, JJ., concur.
Case Date:October 06, 1941
Court:Supreme Court of Michigan

Page 119

300 N.W. 119 (Mich. 1941)

299 Mich. 358

PEOPLE

v.

FOLEY.

No. 60.

Supreme Court of Michigan.

October 6, 1941

Susan Foley was convicted of receiving money from the earnings of a prostitute, and she appeals.

Affirmed.

An accused's answer to question as to whether he has been charged with a crime on previous occasions is admissible, but if the witness denies such accusation has been made, he may not be impeached because such matters are collateral.

[299 Mich. 359] Appeal from Recorder's Court of Detroit; Joseph A. Gillis, judge.

Argued before the Entire Bench.

Herbert J. Rushton, Atty. Gen., for Michigan, and William E. Dowling, Pros. Atty., for Wayne County, and Ralph E. Helper, Asst. Pros. Atty. for Wayne County, both of Detroit, for the People.

Benjamin C. Stanczyk, of Detroit (George Schudlich, of Detroit, of counsel), for appellant.

BUTZEL, Justice.

Defendant was convicted of receiving money from the earnings of Mary Miller, a prostitute, in violation of Act No. 328, Pub.Acts 1931, § 457, Stat.Ann. § 28.712.

At the trial (June 3, 1940) Mary Miller was sworn as a witness for the People. On direct examination she testified that she had engaged in acts of prostitution in defendant's house, and had paid defendant one-half of the regular charge she made for each act. On cross-examination this witness was confronted by defendant's counsel with statements made by her [299 Mich. 360] on two previous occasions, one before the grand jury on January 8, 1940, and one before Judge Skillman at the preliminary examination in the case at bar on March 15, 1940, in which statements witness had denied that she had ever engaged in acts of prostitution in defendant's house, or ever given defendant any part of her earnings as a prostitute.

Thereupon a shorthand reporter attached to the one-man grand jury then being conducted in Detroit was introduced as a witness for the People, and he testified from his notes as to a statement made by the previous witness (the Miller woman) on January 4, 1940, before an assistant prosecuting attorney attached to the grand jury. This statement tended to corroborate the testimony of the witness Mary Miller given on direct examination on the trial, and conflicted with the two statements with which defense counsel had confronted her on cross-examination. Defendant's counsel objected...

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17 practice notes
  • 209 N.W.2d 193 (Mich. 1973), 12, People v. Falkner
    • United States
    • Michigan Supreme Court of Michigan
    • 25 Julio 1973
    ...accusation has been made, he may not be impeached because such matters are collateral.' Thus, when the Court decided People v. Foley, 299 Mich. 358, 363, 300 N.W. 119, 120 (1941), it threw in everything: 'We are not dealing with the testimony of other witnesses introduced to impeach the cre......
  • 185 S.E.2d 174 (N.C. 1971), 23, State v. Williams
    • United States
    • North Carolina Supreme Court of North Carolina
    • 15 Diciembre 1971
    ...not resulting in conviction. State v. Bigler, 138 Kan. 13, 23 P.2d 598 (1933), and People v. Foley, 299 Mich. [279 N.C. 674] 358, 300 N.W. 119 (1941). In 20 A.L.R.2d at 1444, the commentator refers to three jurisdictions where a distinction had been drawn 'between a mere accusation and a fo......
  • 153 N.W.2d 175 (Mich.App. 1967), 1990, People v. Roney
    • United States
    • Michigan Court of Appeals of Michigan
    • 16 Octubre 1967
    ...P.A.1961, No. 236, §§ 2158, 2159 (C.L.S.1961, §§ 600.2158, 600.2159 (Stat.Ann.1962 Rev. §§ 27A.2158, 27A.2159)); People v. Foley (1941), 299 Mich. 358, 362, 363, 300 N.W. 119. The court properly charged the jury regarding the matter. C.L.1948, § 768.29 (Stat.Ann.1954 Rev. § 28.1025); People......
  • 156 N.W.2d 566 (Mich. 1968), 47, People v. Collins
    • United States
    • Michigan Supreme Court of Michigan
    • 4 Marzo 1968
    ...except on motion of the Court itself. See to the point People v. Sanford, 252 Mich. 240, 248, 250, 253, 233 N.W. 192; People v. Foley, 299 Mich. 358, 360, 361, 300 N.W. 119; Page 575 People v. Millman, 306 Mich. 182, 189, 10 N.W.2d 885; In re Pardee, 327 Mich. 13, 18, 41 N.W.2d 466; People ......
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17 cases
  • 209 N.W.2d 193 (Mich. 1973), 12, People v. Falkner
    • United States
    • Michigan Supreme Court of Michigan
    • 25 Julio 1973
    ...accusation has been made, he may not be impeached because such matters are collateral.' Thus, when the Court decided People v. Foley, 299 Mich. 358, 363, 300 N.W. 119, 120 (1941), it threw in everything: 'We are not dealing with the testimony of other witnesses introduced to impeach the cre......
  • 185 S.E.2d 174 (N.C. 1971), 23, State v. Williams
    • United States
    • North Carolina Supreme Court of North Carolina
    • 15 Diciembre 1971
    ...not resulting in conviction. State v. Bigler, 138 Kan. 13, 23 P.2d 598 (1933), and People v. Foley, 299 Mich. [279 N.C. 674] 358, 300 N.W. 119 (1941). In 20 A.L.R.2d at 1444, the commentator refers to three jurisdictions where a distinction had been drawn 'between a mere accusation and a fo......
  • 153 N.W.2d 175 (Mich.App. 1967), 1990, People v. Roney
    • United States
    • Michigan Court of Appeals of Michigan
    • 16 Octubre 1967
    ...P.A.1961, No. 236, §§ 2158, 2159 (C.L.S.1961, §§ 600.2158, 600.2159 (Stat.Ann.1962 Rev. §§ 27A.2158, 27A.2159)); People v. Foley (1941), 299 Mich. 358, 362, 363, 300 N.W. 119. The court properly charged the jury regarding the matter. C.L.1948, § 768.29 (Stat.Ann.1954 Rev. § 28.1025); People......
  • 156 N.W.2d 566 (Mich. 1968), 47, People v. Collins
    • United States
    • Michigan Supreme Court of Michigan
    • 4 Marzo 1968
    ...except on motion of the Court itself. See to the point People v. Sanford, 252 Mich. 240, 248, 250, 253, 233 N.W. 192; People v. Foley, 299 Mich. 358, 360, 361, 300 N.W. 119; Page 575 People v. Millman, 306 Mich. 182, 189, 10 N.W.2d 885; In re Pardee, 327 Mich. 13, 18, 41 N.W.2d 466; People ......
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