People v. Ake, 59
| Court | Supreme Court of Michigan |
| Writing for the Court | DETHMERS |
| Citation | 106 N.W.2d 800,362 Mich. 134 |
| Parties | PEOPLE of the State of Michigan, Plaintiff and Appellee, v. Elizabeth AKE, Defendant and Appellant. |
| Docket Number | No. 59,59 |
| Decision Date | 09 January 1961 |
Page 800
v.
Elizabeth AKE, Defendant and Appellant.
[362 Mich. 135]
Page 801
Herbert W. Devine, Flint, for appellant.Michael C. Dionise, Lapper, for appellee.
Before the Entire Bench.
DETHMERS, Chief Justice.
Defendant had shot and killed her husband. She was convicted by a jury of murder in the first degree and sentenced to life imprisonment. She appeals from denial of her motion for new trial.
Pertinent facts follow: On the day in question defendant had signed a complaint charging her husband with assault and battery committed against her. At about 6:00 p. m. a deputy sheriff went to defendant's home, served the warrant and took the husband to the county jail. The latter was soon arraigned before a justice of the peace, trial was had, and a fine was imposed on the husband which he paid. He was in the jail about 1 1/2 hours. While he was there defendant wife called there by telephone and said that she wanted her husband kept in jail because she was afraid of him. The husband, upon learning that his wife was calling, applied a profane name to her. The sheriff advised him not to go home that evening for fear of further trouble with her. The husband then said he would 'knock her damn head off.' At that time he was swearing and cursing and in a very ugly mood toward his wife. The sheriff and his deputies knew [362 Mich. 136] that if he went home then he probably would beat his wife again. As he was being released from jail he promised the sheriff and two deputies that he would not then go back to the house but would sleep in his car and go to work in the morning. The husband did return to his home, however, and forced an entry by breaking down the door. Defendant and her mother, seeing the approach of his car, went into the attic to avoid him because they were afraid of him. After walking around some minutes in the house he started up the attic stairs. Defendant told him not to come up, that she would stay there all night if necessary but that she would not let him come up. He, nevertheless, advanced up the stairs and she then shot and killed him.
Claims of newly discovered evidence relate to the above mentioned statements and threats made by the husband to the sheriff and two deputies and to the appearance and attitude of the husband at that time. One of the two deputies was not called by the prosecution as a witnesses nor was his name endorsed on the information. The other deputy was called as a people's witness but he was not questioned nor did he testify about the mentioned occurrences at the county jail. Defendant's...
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People v. Harrison, Docket No. 11447
...crime was defendant's automobile, and defendant claimed his car was in a garage for repairs during relevant time period); People v. Ake, 362 Mich. 134, 136--137, 106 N.W.2d 800 (1961) (sheriff's deputies who heard decedent utter threats against wife in prosecution of wife for murder of husb......
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People v. Howell, No. 3
...30, 1973. 11 A witness need not have been present at the time of the crime was committed to be a res gestae witness. See People v. Ake, 362 Mich. 134, 106 N.W.2d 800 (1961); People v. Kayne, 268 Mich. 186, 255 N.W. 758 (1934); People v. Etter, 81 Mich. 570, 45 N.W. 1109 (1890); People v. Di......
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People v. Williams, Docket No. 7437
...that there may be any other part of the transaction undisclosed.' Hurd v. People (1872), 25 Mich. 405, 416; People v. Ake (1961), 362 Mich. 134, 137, 106 N.W.2d If, on the other hand, the people claim that no statement was made and the prosecutor, nevertheless, challenges the defendant and ......
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People v. Cooper, Docket No. 24047
...of prior threats made against him by the victim and altercations between the defendant and the victim is well settled. People v. Ake, 362 Mich. 134, 106 N.W.2d 800 (1961), People v. Giacalone, 242 Mich. 16, 217 N.W. 758 (1928), People v. Tillman, 132 Mich. 23, 92 N.W. 499 (1902), People v. ......
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People v. Harrison, Docket No. 11447
...crime was defendant's automobile, and defendant claimed his car was in a garage for repairs during relevant time period); People v. Ake, 362 Mich. 134, 136--137, 106 N.W.2d 800 (1961) (sheriff's deputies who heard decedent utter threats against wife in prosecution of wife for murder of husb......
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People v. Howell, No. 3
...30, 1973. 11 A witness need not have been present at the time of the crime was committed to be a res gestae witness. See People v. Ake, 362 Mich. 134, 106 N.W.2d 800 (1961); People v. Kayne, 268 Mich. 186, 255 N.W. 758 (1934); People v. Etter, 81 Mich. 570, 45 N.W. 1109 (1890); People v. Di......
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People v. Williams, Docket No. 7437
...that there may be any other part of the transaction undisclosed.' Hurd v. People (1872), 25 Mich. 405, 416; People v. Ake (1961), 362 Mich. 134, 137, 106 N.W.2d If, on the other hand, the people claim that no statement was made and the prosecutor, nevertheless, challenges the defendant and ......
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People v. Cooper, Docket No. 24047
...of prior threats made against him by the victim and altercations between the defendant and the victim is well settled. People v. Ake, 362 Mich. 134, 106 N.W.2d 800 (1961), People v. Giacalone, 242 Mich. 16, 217 N.W. 758 (1928), People v. Tillman, 132 Mich. 23, 92 N.W. 499 (1902), People v. ......