315 N.W.2d 866 (Mich.App. 1981), 46066, People v. Hamoud

Docket Nº:46066.
Citation:315 N.W.2d 866, 112 Mich.App. 348
Opinion Judge:PER CURIAM.
Party Name:PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Hassin HAMOUD, Defendant-Appellant.
Attorney:Appellate Asst. Pros. Atty., and A. George Best, II, Asst. Pros. Atty., for the people. Sheila N. Robertson, Asst. State Appellate Defender, for defendant on appeal.
Judge Panel:Before WALSH, P.J., and RILEY and KUHN [*] , JJ.
Case Date:November 18, 1981
Court:Court of Appeals of Michigan
 
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Page 866

315 N.W.2d 866 (Mich.App. 1981)

112 Mich.App. 348

PEOPLE of the State of Michigan, Plaintiff-Appellee,

v.

Hassin HAMOUD, Defendant-Appellant.

No. 46066.

Court of Appeals of Michigan.

November 18, 1981

Submitted May 12, 1981.

Released for Publication Feb. 22, 1982.

[112 Mich.App. 349] Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Edward Reilly Wilson, Chief

Page 867

Appellate Asst. Pros. Atty., and A. George Best, II, Asst. Pros. Atty., for the people.

Sheila N. Robertson, Asst. State Appellate Defender, for defendant on appeal.

Before WALSH, P.J., and RILEY and KUHN [*] , JJ.

PER CURIAM.

On June 17, 1978, the owner of a machine shop in Dearborn, Michigan, awakened while sleeping in his establishment, confronted an intruder in the act of burglarizing the premises. At that time the burglar put his hands up and said, "God bless you, man. Don't shoot. I'm stealing. I'm desperate." The man then fled. Police were summoned and a window was found to be broken and tools were discovered to be missing. The owner of the shop described the burglar as being a white male, about 5 feet 10 inches tall, weighing 150-160 pounds with a bush-type "afro" [112 Mich.App. 350] haircut, a scraggly looking beard and a particular gap in his teeth.

From this description, police prepared a photographic display of more than ten individuals, including defendant, for the victim. The photographic display took place one or two days after the offense. No identification was made by the victim, in part because defendant's photo in the photo array was one that had been made in 1972.

Within the same time frame, while investigating another burglary which had taken place within two blocks of this crime, the officer in charge of this case noticed a man remarkably like the one described to him by the victim in this case in the Dearborn Police Department offices. Intrigued by the close match-up in physical characteristics with the description given him by the victim in this case, the officer told others present that the defendant should be arrested for "investigation" of breaking and entering. On June 20, 1978, defendant was arrested and, while in custody, made two statements to the police. A corporeal line-up was held on June 21, 1978, at which the complainant identified the defendant. Thereafter, an arrest warrant...

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