People v. Becker
| Decision Date | 11 February 1942 |
| Docket Number | No. 68.,68. |
| Citation | 300 Mich. 562,2 N.W.2d 503 |
| Parties | PEOPLE v. BECKER. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Fred Becker was convicted of manslaughter, and he appeals.
Affirmed.Appeal from Circuit Court, Ogemaw County; John C. Schaffer, judge.
Before the Entire Bench, except WIEST, J.
Joseph & Joseph and Dale Showley, all of Flint, for appellant.
Herbert J. Rushton, Atty. Gen., and Melvin E. Orr, Pros. Atty., of West Branch, for the State.
Defendant, Fred Becker, was tried, convicted and sentenced for the crime of manslaughter. At about 7:30 in the moring of November 17, 1939, defendant and one Edward Vaughn met near a small island in Au Sable Lake in Ogemaw county. Both defendant and Vaughn were in their respective rowboats. As the boats approached each other, until they were separated by a distance of about 15 or 20 feet, an argument ensued concerning certain trapping rights. Shortly thereafter, shooting began and sometime later Vaughn was found on the shore in an unconscious condition. He was rushed to a hospital and died without regaining consciousness.
An autopsy was performed upon Vaughn's body and it was disclosed that a rifle bullet entered the abdomen to the right and slightly above the umbilicus and passed upward to the left costal margin, striking the edge of the ribs, and finally lodged in the upper part of the left arm. The bullet in its course did not penetrate any bone. The cause of death was a hemorrhage due to the wound caused by the rifle bullet.
Following the shooting, defendant rowed away. He went to his mother's home and told her of the shooting. He then went to his own cabin where he secured an acquaintance to drive him to a store a short distance away, in order that he might telephone the State police. He remained at the store until the State police arrived. He was then taken to West Branch and placed in the custody of the sheriff. He made a statement to the State police and to the prosecuting attorney. He later submitted himself to the so-called lie detector, but at the trial of the cause the result of this test, upon the objection of the prosecuting attorney, was not submitted to the jury.
During the trial of the cause, the prosecuting attorney introduced in evidence, over defendant's objection, a picture of the gun found in Vaughn's boat, the purpose being to show what appeared to be blood stains upon the gun. The garments worn by Vaughn on the day of the shooting were also introduced in evidence and one witness testified that they were saturated with blood. Another exhibit was a picture of the deceased in the nude. A motion for a mistrial was made by defendant because of the introduction of these exhibits. This motion was denied.
Defendant claims that on the morning in question he was out on the lake; that he had an argument with Vaughn over trapping rights, when Vaughn suddenly picked up a shot gun and fired it at defendant; that the ball went so close to defendant that it caused deafness in one ear and defendant, being in fear of his life immediately picked up a rifle and returned the fire; that Vaughn then got out of his boat; and that defendant then rowed away to the home of his mother.
It is urged by defendant that the circumstantial evidence produced by the prosecuting attorney was not sufficient to prove the crime beyond a reasonable doubt The evidence relied upon by the...
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People v. Barbara
...test presently applied to determine the admissibility of polygraph testimony is that which we enunciated in People v. Becker, 300 Mich. 562, 566, 2 N.W.2d 503 (1942), and repeated with approval in People v. Davis, 343 Mich. 348, 370, 72 N.W.2d 269 (1955), that there "testimony offered which......
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People v. Zimmerman, 43
...basis for expert testimony have been stated several times in recent cases dealing with new arts or sciences: 6 People v. Becker, 300 Mich. 562, 566, 2 N.W.2d 503, 505 (1942) refusing admission of a polygraph test: 'Until it is established that reasonable certainty follows from such tests, i......
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People v. Morrin
...Walker (1963), 371 Mich. 599, 610, 124 N.W.2d 761; Rumptz v. Leahey (1970), 26 Mich.App. 438, 443, 182 N.W.2d 614.61 People v. Becker (1942), 300 Mich. 562, 2 N.W.2d 503; People v. Freeman (1965), 1 Mich.App. 63, 134 N.W.2d 389; People v. Jenkins (1968), 10 Mich.App. 257, 159 N.W.2d 225.62 ......
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