People v. Chesbro, 78.

CourtSupreme Court of Michigan
Writing for the CourtSHARPE
Citation300 Mich. 720,2 N.W.2d 895
Docket NumberNo. 78.,78.
Decision Date17 March 1942


Robert Chesbro was convicted of the crime of resisting an officer, and he appeals.


Appeal from Circuit Court, Ingham County; Leland W. Carr, judge.

Before the Entire Bench, except WIEST, J.

Pierce, Planck & Ramsey, of Lansing for appellant.

Herbert J. Rushton, Atty. Gen., Edmund E. Shepherd, Sol. Gen., and Richard B. Foster, Pros. Atty., Ingham County, of Lansing (Victor C. Anderson, Asst. Pros. Atty., Ingham County, of Lansing, of counsel), for appellee.

SHARPE, Justice.

Defendant was tried, convicted and sentenced for the crime of resisting an officer. The cause was tried without the aid of a jury. Dwight Mitter, DeWayne Bradley, and respondent were charged with resisting a police officer in the city of Lansing on July 30, 1941. Mitter pleaded guilty prior to the trial of respondent.

At the trial of respondent, evidence was introduced showing that a gasoline station in the city of Lansing had been broken into three days previous to July 30, 1941. A city detective went to the house where Mitter was staying for the purpose of arresting him for the crime of breaking and entering into the gasoline station. The detective was not in uniform; he was in his shirt sleeves, wore no vest, and was bareheaded. He had a gilt covered detective badge pinned on his suspenders about four or five inches below his shoulder. On the evening in question, Chesbro met Mitter and Bradley at a restaurant. They drove to the place where Mitter was staying. Mitter left the car and went up on the porch where he found the detective and engaged in conversation with him. Shortly thereafter, Mitter and the detective entered into a struggle which continued until they were near the sidewalk. At this point, Mitter was down on his back and the detective astride of him. Mitter then called for help and defendant entered the fray and attacked the detective.

It is the claim of the people that just after defendant entered the fray, the detective said to Chesbro and Bradley, ‘I am a police officer and this man is under arrest and you fellows better stay out of this‘; that both Chesbro and Bradley continued to push and pull the detective after the above command had been given two or three times; and that the street light was sufficiently bright so that the defendant could see the detective's official badge.

It is urged by the defendant that at no time during the fight did he believe or have reason to believe that the man with whom Mitter was fighting was a police officer.

The trial court found defendant guilty. In our opinion the finding of guilt was supported by the evidence. The trial court in denying a motion for a new trial stated: ‘At the conclusion of the proofs there was no reasonable doubt in my mind as to respondent's guilt, and verdict was rendered accordingly.’ An examination of the record discloses that there is a conflict in the testimony. In People v. Blanchard, 136 Mich. 146, 98 N.W. 983, we held that this court, on appeal in a criminal case, will not weigh conflicting evidence. There is...

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16 cases
  • People v. Wolfe, Docket No. 90730
    • United States
    • Supreme Court of Michigan
    • 31 Agosto 1992 fairly tended to establish the charge made?" People v. Howard, 50 Mich. 239, 242, 15 N.W. 101 (1883); see also People v. Chesbro, 300 Mich. 720, 723, 2 N.W.2d 895 (1942); People v. Szymanski, 321 Mich. 248, 254, 32 N.W.2d 451 In short, when determining whether sufficient evidence has bee......
  • People v. Alexander, Docket No. 26545
    • United States
    • Court of Appeal of Michigan (US)
    • 6 Junio 1977
    ...before the trial. People v. Dudley, 393 Mich. 762, 223 N.W.2d 297 (1974). We note also that the reasoning of People v. Chesbro, 300 Mich. 720, 723-724, 2 N.W.2d 895 (1942), is applicable to this case. Absent a showing of actual prejudice, bias, or misconduct from the record, a trial judge h......
  • People v. Thomas, 6
    • United States
    • Supreme Court of Michigan
    • 1 Diciembre 1971
    ...321 Mich. 248, 254, 32 N.W.2d 451, 454 (1948). See, also, Prople v. Eger, 299 Mich. 49, 55, 299 N.W. 803 (1941); People v. Chesbro, 300 Mich. 720, 722--723, 2 N.W.2d 895 (1942); People v. Bailey, 341 Mich. 592, 597, 67 N.W.2d 785 Defendant's contention that GCR 1963, 517.1 1 applies to crim......
  • People v. Hubbard, 4
    • United States
    • Supreme Court of Michigan
    • 4 Mayo 1972
    ...if believed by the trial court, to find defendant guilty of the offense named beyond a reasonable doubt.' See, also, People v. Chesbro, 300 Mich. 720, 2 N.W.2d 895 (1942) and People v. Martino, 308 Mich. 381, 13 N.W.2d 857 However, the court did not find defendant Hubbard guilty of the crim......
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