People v. Bedsole
| Decision Date | 09 January 1969 |
| Docket Number | Docket No. 3979,No. 2,2 |
| Citation | 15 Mich.App. 459,166 N.W.2d 642 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Grady E. BEDSOLE, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Sanford M. Kesten, Flint, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Robert D. Leonard, Pros. Atty., Donald A. Kuebler, Asst. Pros. Atty., Genesee County, Flint, for plaintiff-appellee.
Before FITZGERALD, P.J., and R. B. BURNS and ROBINSON, * JJ.
The 15-year-old stepdaughter of defendant-appellant eventually complained to her stepsister and her mother that defendant was engaging in sexual intercourse with her. The acts complained of occurred in September and October of 1965, but complainant waited until January of 1966 before complaining. She testified at the trial that such was the typical activity between her and her stepfather for the previous 3 years. Defendant denied that anything like that ever took place between him and the stepdaughter and said that she was lying. The jury disagreed and found defendant guilty of statutory rape pursuant to C.L.S.1961, § 750.520 (Stat.Ann.1954 Rev. § 28.788). He was sentenced to serve 10 1/2 to 30 years in the State penitentiary.
For purposes of this appeal, the merits of the complaint are not in issue. What concerns us first is the following colloquy between the trial court and defendant's alibi witness, one Miss Freeman, who was a girlfriend of defendant during the time of the alleged incidents with the stepdaughter.
'Witness: No, ma'am.
'The Court: When you were dating him?
'Witness: No, ma'am, I didn't know it.
'Witness: Before I found out? * * *
'Witness: Three years * * *
'The Court: When did you find out he was married? * * *
'Witness: Oh, it's been about a year.
'The Court: And you continued to date him after you found out? * * *
'Witness: Yes.'
The question was repeated. Later in the trial, another witness for defendant testified concerning purchase of his lunch the previous day:
'Prosecutor: Who bought your lunch for you yesterday?
'Witness: Mr. Bedsole.
'Prosecutor: Where did you eat?
'Witness: Kewpie's.
'Prosecutor: Who all ate down at Kewpie's?
'Witness: Well, all of us, Carl, Chuck, Joey, Clara Kish, Mrs. Kish, and Mrs. Freeman and Gene, Mr. Bedsole.
'Court: That happens to be Miss Freeman, not Mrs. Freeman.
'Witness: Miss.'
No objections were made by defendant at the trial, but he objects here to the alleged prejudicial influence of this questioning as being communicative to the jury of the unfavorable opinion held by the trial court of defendant's alibi witness. Abuse of discretion is charged.
Defendant refers to People v. Ray (1966), 2 Mich.App. 623, 141 N.W.2d 320, 1 and People v. Cole (1957), 349 Mich. 175, 84 N.W.2d 711, 2 for the propositions that the trial court must maintain impartiality throughout the trial and may examine witnesses only for the purpose of clearing up obscure and material points in the interests of justice. The people refer to People v. Martin (1965), 1 Mich.App. 265, 135 N.W.2d 560, which does not permit objections not heard on the trial to be raised on appeal for the first time, and we refer in turn to People v. Baker (1967), 7 Mich.App. 471, 475, 152 N.W.2d 43, in holding that we may search for error that reveals clear injustice even in the absence of objection.
The veil of judicial impartiality should not have been pierced by the trial judge on this occasion. Other portions of the transcript have also revealed to us and to the jury the fact that the court was upset with the admitted extramarital behavior of the defendant and his alibi witness. We can find no reason for these extended references. They did not concern a fact material to the case. It was admitted on several occasions that defendant and Miss Freeman spent time together. The issue was whether they did so at the time of the alleged statutory rape. Material questions from the court would have been concerned with if, when, and where, they were together, and not their marital status or lack of it. The fact that the court went beyond materiality into collateral matters leads us to believe that any jury naturally concerned with the current mores of society would have been influenced to the detriment of defendant's case. See People v. Young (1961), 364 Mich. 554, 111 N.W.2d 870.
As this case is reversed on the foregoing grounds, we do not feel it appropriate to evaluate defendant's other claim of error at this time. Defendant entered a...
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People v. Stevens, Docket No. 149380.
...reveals that the veil of judicial impartiality was pierced by the trial judge, the case must be reversed.”); People v. Bedsole, 15 Mich.App. 459, 462, 166 N.W.2d 642 (1969) (“The veil of judicial impartiality should not have been pierced by the trial judge on this occasion.”). A judge's con......
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People v. Hooper
...this Court can react, even in the absence of timely objection, to error which resulted in a denial of a fair trial. People v. Bedsole, 15 Mich.App. 459, 166 N.W.2d 642 (1969); People v. Roby, With respect to his second contention, the test to be applied in determining whether error resulted......
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People v. Watson
...which testimony had previously been directed and did not approach the degree of judicial impropriety condemned in People v. Bedsole, 15 Mich.App. 459, 166 N.W.2d 642 (1969). The further acts of the trial judge which defendant relies upon to establish that he was denied a fair trial, when ex......
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People v. Roby
...to error which resulted in a denial of a fair trial. People v. Baker, 7 Mich.App. 471, 152 N.W.2d 43 (1967); People v. Bedsole, 15 Mich.App. 459, 166 N.W.2d 642 (1969). This is particularly appropriate here, where any objection had to be made to the judge relative to his own The transcript ......