People v. Bratton
| Decision Date | 08 December 1969 |
| Docket Number | No. 1,Docket No. 5561,1 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Calvin BRATTON, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Charles T. Burke, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Division, Arthur N. Bishop, Asst. Pros. Atty., Wayne County, Detroit, for plaintiff-appellee.
Before R. B. BURNS, P.J., and HOLBROOK and V. J. BRENNAN, JJ.
Defendant was convicted by a jury of rape. M.C.L.A. § 750.520 (Stat.Ann.1954 Rev. § 28788).
The complainant testified that while she was walking home the defendant passed her on the sidewalk and she was grabbed from behind with a choke-hold. She lost consciousness. When she recovered her senses, she was between two buildings, bound and gagged, with her coat over her head.
She further testified that the attacker cut off her undergarment with a knife and started to rape her. The attacker was startled by a sound from a nearby house and he pulled the complainant to her feet and dragged her towards the street. As she struggled the coat fell from her face and she saw the defendant.
The defendant took the complainant to another place and completed the act of sexual intercourse.
Defendant denied the offense, asserted the defense of alibi and presented several witnesses in his behalf.
Defendant appeals claiming there was not sufficient evidence to justify the jury returning a verdict of guilty and that it was reversible error to admit testimony that the complainant had identified the defendant as a line up when he was not represented by an attorney at the line up.
The law in Michigan is that an appellate court is not a reviewing jury. A verdict based on conflicting evidence will not be reversed on appeal. People v. Eagger (1966), 4 Mich.App. 449, 145 N.W.2d 221.
The question of the defendant not being represented by an attorney at the line up was not raised in the trial court. Ordinarily this Court will not consider issues raised for the first time on appeal and it has been held that this principle applies when defendants fail to object timely to the admission of evidence which they should have known was subject to constitutional attack. People v. Wilson (1967), 8 Mich.App. 651, 155 N.W.2d 210.
However, in this case the line...
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