People v. Anderson

• Court: Michigan Supreme Court
• Writing for the Court: BUSHNELL
• Citation: People v. Anderson, 321 Mich. 533, 33 N.W.2d 72 (Mich. 1948)
• Decision Date: 14 June 1948
• Docket Number: No. 75.,75.
• Parties: PEOPLE v. ANDERSON.

321 Mich. 533

33 N.W.2d 72

PEOPLE

v.ANDERSON.

No. 75.

Supreme Court of Michigan.

June 14, 1948.

Appeal from recorder's court of Detroit, Christopher E. Stein, judge.

Charles Anderson was convicted of statutory rape, and he appeals.

Sentence vacated, new trial ordered and cause remanded to permit defendant to withdraw a plea of guilty for further proceedings.

Before the Entire Bench.

Edmund E. Shepherd, Sol. Gen., of Lansing, for plaintiff-appellee.

Hobart Taylor, of Detroit, for appellant.

BUSHNELL, Chief Justice.

Defendant Charles Anderson was arrested on January 12, 1943, and arraigned on January 18th on an information charging him with statutory rape, to which he pleaded guilty. After being questioned by the court his plea was accepted and sentence was deferred pending an investigation by the probation and psychopathic departments of the recorder's court of the city of Detroit. He was returned to court on January 25th and the following transpired:

‘The Court: * * * I referred the defendant to the Probation Department for a report, which report I have before me, and I have perused it quite carefully, and also a psychopathic report, and I will ask you at this time, Mr. Anderson, whether you have anything to say why the court should not proceed to pronounce sentence upon you?

‘The Defendant: I do. I haven't been able to see anyone but the policeman that arrested me. I tried to communicate with my friends and family, and I would like to change my plea in this case.

‘The Court: No, you pleaded guilty freely and voluntarily before me the other day, and the matter was fully explained to you, and I do not feel at this time--

‘The Defendant: (Interrupting) I would like to know, your Honor, if it is allowed in the State of Michigan for a man to be picked up on the 12th and held until Friday without being able to communicate with his lawyer or anyone?

‘The Court: Well, you were asked about that at the time you entered your plea. You voluntarily pleaded guilty to the charge at that time, and it is rather a late time. I intend to impose sentence upon you at this time.’

At the conclusion of this colloquy, Anderson was sentenced to life imprisonment, with the recommendation that he not be released at any time. After sentence was pronounced, Anderson said: ‘As I understand it, I have no right to counsel or nothing?’

The court replied: ‘That was gone over when you were before me. That is all. In this case, I want it to mean just what I said; life imprisonment.’

On February 21, 1946, defendant filed an application in his own proper person for leave to file a delayed motion for new trial. He claims that he was forced to enter a plea of guilty after being held incommunicado for 19 days without being permitted to see his friends or relatives, and that he was deprived of his right to the assistance of counsel.

The people, in opposition to defendant's application, made a showing that six days after he was arrested he received a visitor at the county jail, and, they insist, that he was not denied the right to see an attorney of his choice. The people also presented to the trial judge a claimed voluntary statement by Anderson in which he...