People of City of Detroit v. Ritchey

• Decision Date: 29 June 1970
• Docket Number: No. 1,Docket No. 4866,1
• Citation: People of City of Detroit v. Ritchey, 181 N.W.2d 87, 25 Mich.App. 98 (Mich. App. 1970)
• Parties: PEOPLE OF the CITY OF DETROIT, Plaintiff-Appellee, v. Ruth Ann RITCHEY, Defendant-Appellant
• Court: Court of Appeal of Michigan

Page 87

181 N.W.2d 87

25 Mich.App. 98

PEOPLE OF the CITY OF DETROIT, Plaintiff-Appellee, v.Ruth Ann RITCHEY, Defendant-Appellant.

Docket No. 4866.

Court of Appeals of Michigan, Division No. 1.

June 29, 1970.

Released for Publication Nov. 25, 1970.

John B. Carlin, Jr., Morad, Frankland & Carlin, Southfield, for defendant-appellant.

Robert C. Reese, Corp.Counsel, Detroit, for plaintiff-appellee.

Before FITZGERALD, P.J., and J. H. GILLIS and O'HARA, ^* JJ.

PER CURIAM.

Defendant was convicted by a jury of loitering in the city of Detroit in violation of a Detroit city ordinance.^**Upon appeal, she questions the constitutionality of the ordinance and whether there was sufficient evidence to support the verdict of the jury.

The first challenge has already been answered by this Court.We have determined that:

'The ordinance does not prohibit standing on a sidewalk, but only standing on a sidewalk so as to hinder or impede pedestrian traffic.Thus the Detroit loitering ordinance achieves its obvious regulatory purpose of keeping sidewalks clear and is not unconstitutionally broad or vague.'City of Detroit v. Wedlow(1967), 17 Mich.App. 134, 139, 169 N.W.2d 145, 147.

A review of the transcript establishes that there was testimony before the jury which supported the jury's verdict.A reviewing court will not weigh evidence anew.People v. Eagger(1966), 4 Mich.App. 449, 145 N.W.2d 221.Because there is evidence upon the record which supports the jury verdict, and the record is free of constitutional error, this case must be affirmed.People v. Danles(1969), 15 Mich.App. 510, 166 N.W.2d 620.

We are satisfied that defendant was fairly tried.Other issues raised are without merit.

Affirmed.

*MICHAEL D. O'HARA, former Associate Justice of the Michigan Supreme Court, appointed by the Supreme Court for the hearing month of May 1970, pursuant to § 306 P.A.1964, No. 281.

**Detroit City Ordinance 78C (§ 58--1--10 of the Detroit City...