People v. Autry
| Decision Date | 01 August 1967 |
| Docket Number | Docket No. 1996,No. 1,1 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Elbert AUTRY, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Kenneth A. Webb, Detroit, for appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Samuel H. Olsen, Pros. Atty., Wayne County, Samuel J. Torina, Chief Appellate Lawyer, Wayne County, Richard J. Padzieski, Asst. Pros. Atty., Wayne County, Detroit, for appellee.
Before LEVIN, P.J., and BURNS and McGREGOR, JJ.
The appellant found himself in court, after engaging in rather bizarre activities, on the morning of October 9, 1965. The record shows the appellant awoke at his rooming house about 6:30 a.m., still feeling the effects of his alcoholic consumption the night before. We do not know what the appellant did between 6:30 a.m. and 7:00 a.m., except that he returned to the vicinity of his rooming house about 7:00 a.m. with an almost empty fifth-bottle of wine, which he did not have when he left. About a block from his room, the appellant pulled a 22-caliber revolver out of his pocket and pointed it at a truck driver who was in the cab of his truck. The motive for this incident is unclear, as the appellant said nothing to the truck driver, but proceeded to his rooming house, followed by the truck driver, who had been faced with the business end of the pistol. Within a few minutes after the appellant entered his rooming house, his landlady ran from the house with a gunshot wound in her shoulder which had been inflicted by the appellant. The police were summoned and the appellant was apprehended in the house, while laying on a bed with the pistol in his pants pocket.
Although arraigned on the charges of carrying a gun with unlawful intent (C.L.1948, § 750.226 (Stat.Ann.1962 Rev. 28.423)) and carrying a concealed weapon without a license (C.L.1948, § 750.227 (Stat.Ann.1962 Rev. 28.424)), the appellant was convicted only of carrying a concealed weapon without a license. The case was heard without a jury. That the appellant was carrying a concealed weapon was established by the truck driver who first observed the appellant pull a gun from his pocket and point it at the driver. Endorsed as a witness on the criminal information was the county clerk who was to testify that the appellant did not have a license to carry a concealed weapon; however, the county clerk was never called, as the appellant's appointed ...
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