People v. Bennett, Docket No. 14395
Court | Court of Appeal of Michigan (US) |
Citation | 208 N.W.2d 624,46 Mich.App. 598 |
Docket Number | No. 1,Docket No. 14395,1 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Allen BENNETT, Defendant-Appellant |
Decision Date | 25 April 1973 |
James R. Neuhard, State Appellate Defender, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty. Dominick R. Carnovale, Chief, Appellate Div., Luvenia D. Dockett, Asst. Pros. Atty., for plaintiff-appellee.
Before V. J. BRENNAN, P.J., and HOLBROOK and VanVALKENBURG, * JJ.
Defendant Allen Bennett was convicted of first-degree murder of Jurry Jimerson contrary to M.C.L.A. § 750.316; M.S.A. § 28.548 in a jury trial held May 18, 1971, in Recorder's Court for the City of Detroit, and sentenced to life imprisonment.
Defendant timely filed a notice of an alibi defense, and defendant and several of his witnesses testified in support of his alibi.
The people's medical witness, Dr. Georg Russanow, testified that he performed an autopsy on the body of Jerry Jimerson and determined that: 'The cause of death was shotgun wound of the chest, with laceration of the heart and lungs, and hemorrhage; bleeding'. John Cunningham, ballistics expert with the Detroit police department, testified that it is not possible to match up shotgun pellets with a particular shotgun.
Demarco Hughey, a witness for the people, testified that he and Jerry Jimerson were together on November 16, 1970, just prior to and at the time of the shootng that evening. He testified in part as follows:
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'Mr. Rosen: Let the record indicate that the witness is identifying and referring to the defendant Allen Bennett.
'
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Ronald Jimerson, brother of the deceased, testified that he together with his brother Jerry, Alex Jackson, and Demarco Hughey were at his apartment on the evening shortly before the shooting. Ronald Jimerson further testified that Demarco Hughey and his brother Jerry left the apartment together to go to 641 Prentis and shortly thereafter Demarco Hughey returned stating that Jerry had been shot.
Alex Jackson testified that he became acquainted with defendant Bennett about a month before the shooting and that Mr. Bennett showed him a sawed-off shotgun and some shirts. Defendant tried to sell him the shotgun. In describing the gun he said the stock and barrel were both sawed off. Mr. Jackson said he told the defendant at the meeting which took place about a month before the shooting that he was not interested in the gun but that he might be interested in buying a couple shirts. He also testified that he advised others who had been offered the shotgun by the defendant not to buy it. Mr. Jackson further testified in part as follows:
'Q. (Mr. Rosen): On Monday, November 16th, of 1970, did you have occasion to be at Ronald Jimerson's apartment?
'A. Yes.
'Q. And who was there with you?
'A. Well, at first it was Ronald, Demarco Hughey, myself, and someone else might have been there; I'm not sure, but I definitely remember those four people, you know, including myself.
'Q. And was Jerry there?
'A. Yes, and Jerry; yes.
'Q. And--
'A. I thought--did I mention him? He was there. He was definitely there.
'Q. And what time did Jerry arrive, if you know?
'A. I don't remember the exact time, but he came with Demarco, and he and Demarco were together.
'Q. And how long did he stay there?
'A. It wasn't too long; he didn't stay too long, you know. We talked, you know, and, you know, joked around, and he and Demarco left together. And it seemed like it was only a few minutes, you know, when Demarco was back knocking on the window, and, you know, we got mad. We said who's knocking on the window, like this, you know, and we jumped up. It was Demarco. We let him in.
'He said, 'Come right away, Jerry's been shot.' And we all rushed around, and, you know, Jerry was laying there in the hallway. * * *
John Alvin, a casual friend of defendant Bennett, testified in part as follows:
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Mrs. Jessie Steele, a resident of apartment 303 at 641 Prentis, testified in part as follows:
'A. 303.
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'Mr. Rosen: Let the record indicate the witness is referring to and identifying the defendant Allen Bennett.
'The Witness: Yes. * * *
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Mr. William Blocker testified that he saw the defendant at apartment 308 of 641 Prentis on the evening of November 16, 1970, and further testified in part as follows:
'Q. (Mr. Rosen): Was it just getting dark out?
'A. No, it had gotten dark.
'Q. It had gotten dark. And did Allen Bennett say anything to you about Jerry Jimerson at that time?
'A. Yes. When I saw him he told me that--he asked me had I--did I know anything about the fight that he and Jerry had had. And I told him no.
'And he told me that Jerry and them had jumped on him.
'So I said, 'When did this happen? Because I hadn't seen Jerry and Demarco, I hadn't seen them in about two or three days. So I asked him, 'When did this happen?'
'He told me, he said, 'It happened a few days ago.' And he said, like, Jerry jumped on him; he was talking to Demarco in an argument about some money and something like this, and that Jerry took it up, you know, and that he told Jerry, he says, 'Jerry, if you jump on me, man,' he said, 'you are going to have to kill me, because if you don't, I'm going to get you back,' you know.
'So, he just, you know--we talked for a minute, and then like he said, 'Okay, I'll see you later.' Because Jerry and them had left. He...
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