People v. Bowen, Docket No. 3787
| Decision Date | 30 August 1968 |
| Docket Number | No. 1,Docket No. 3787,1 |
| Citation | 13 Mich.App. 178,163 N.W.2d 831 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Clifford Keith BOWEN, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Charles Rubinoff, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, William L. Cahalan, Pros. Atty., Samuel J. Torina, Chief Appellate Lawyer, Joseph C. Murphy, Asst. Pros. Atty., Wayne County, Detroit, for plaintiff-appellee.
Before LESINSKI, C.J., and KAVANAGH and QUINN, JJ.
By claim of appeal, defendant Bowen seeks review of his conviction of the crime of armed robbery* on March 8, 1967, following a jury trial in Detroit recorder's court. Defendant's brief on appeal contends that the evidence introduced at trial was insufficient to sustain the verdict of the jury and that failure of the people to endorse and call an alleged Res gestae witness constitutes reversible error. A motion to dismiss or affirm has been filed on behalf of the people pursuant to GCR 1963, 817.5. From a review of the brief on appeal, the motion to dismiss or affirm, and the lower court record, it is manifest that the questions raised need no argument or formal submission. The evidence adduced at trial was clearly sufficient, if believed, to warrant a finding of guilt beyond a reasonable doubt. People v. Thomas (1967), 7 Mich.App. 103, 151 N.W.2d 186. No motion was made to require endorsement or production at trial of the alleged Res gestae witness, although the record is replete with references to his identity by both prosecution and defense witnesses. What was said on this point in People v. Rasmus (1967), 8 Mich.App. 239, 154 N.W.2d 590, is equally applicable here.
Affirmed.
* C.L.S.1961, § 750.529 (Stat.Ann.1968 Cum.Supp. § 28.797).
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...or trial production of this alleged Res gestae witness, People v. Rasmus (1967), 8 Mich.App. 239, 154 N.W.2d 590; People v. Bowen (1968), 13 Mich.App. 178, 163 N.W.2d 831; or for a continuance, and on the record waived the calling and eliciting of testimony from this Defendants have made no......