People v. Cleveland

• Decision Date: 03 October 1930
• Docket Number: No. 108.,108.
• Citation: 232 N.W. 384,251 Mich. 542
• Parties: PEOPLE v. CLEVELAND.
• Court: Michigan Supreme Court

251 Mich. 542

232 N.W. 384

PEOPLE

v.CLEVELAND.

No. 108.

Supreme Court of Michigan.

Oct. 3, 1930.

Error to Circuit Court, St. Joseph County; Edward D. Black, Judge.

Chauncey Cleveland was convicted of arson, and he brings error.

Affirmed.

Argued before the Entire Bench.Hagerman & Miller, of Sturgis, and John C. D'Alton, of Toledo, Ohio, for appellant.

Lawrence H. Niendorf, Pros. Atty., and James T. Sloan, Asst. Pros. Atty., both of Centerville, for appellee.

BUTZEL, J.

The respondent, Chauncey Cleveland, leased to tenants a garage owned by him, in the township of Nottawa, county of St. Joseph, and state of Michigan. The building was insured for $1,200, and the contents for $1,800, amounts, according to the testimony, far in excess of their actual worth. Respondent worked for one Horace Calkins, an automobile salesman. Respondent was in financial difficulties. On the 21st day of January, 1929, without receiving any consideration whatsoever, he executed a chattel mortgage to Calkins for the sole purpose of warding off creditors. The insurance was written by Harriet Calkins, wife of Horace. Although the premium was never paid, nor the policy delivered to respondent, nevertheless, respondent had been assured that the policy had been issued. been assured that the policy had been issued money on deposit at Mrs. Calkins' office. It was not applied toward payment of the premium.

Respondent was informed against on the following four counts: (1) Arson of his own garage; (2) arson of the building insured with intent to injure the insurer; (3) arson of personal property belonging to others; (4) arson of personal property.

The building and contents were badly damaged by an explosion shortly after midnight on the morning of March 15, 1929. Shortly thereafter respondent was discovered covered with oil and gas in the immediate neighborhood of the building. He was suffering from a fracture of the skull, sinus, and frontal bone. His eyes were swollen; his nose and left ear were bleeding. He had a brain concussion of a short duration. Very early the same morning he was removed to a hospital at Three Rivers, Mich., where opiates were given to him. Their effect wore off within six hours. From that time on, according to the testimony of the attending doctor, respondent was rational, and he showed no signs of any mental aberration, except that one nurse testified that, if he talked very much, at times he would get confused. His head pained him a great deal. He was discharged from the hospital in two weeks.

Shortly after the fire occurred, Horace Calkins was arrested as an accomplice upon his confessing that he had assisted respondent in setting fire to the building, a guard was placed at the door of the latter's room at the hospital, and no one was allowed to enter except the doctor and the nurses. However, according to the testimony, respondent expressed no desire to see any one, nor did it appear that he believed he was under arrest or held incommunicada. A warrant was not issued for respondent's arrest until several weeks after he left the hospital.

At 6 o'clock in the evening of March 16, 1929, over thirty-six hours after the fire occurred, the assistant prosecutor, together with a court stenographer, interrogated the respondent. At first, respondent tried to give a plausible explanation. When he was again interrogated two hours later and after he had found out definitely that Calkins was under arrest, respondent in a coherent manner told the story admitting his guilt. The questions and answers were taken down by the stenographer and a transcript of the testimony read at the preliminary examination. Respondent seemed anxious to free Calkins who had assisted him in bringing two cans of gasoline to the building. These respondent took into the building and emptied; and, while the fumes were rising, on the application of a match, the explosion and fire resulted. The confession itself indicates that it was a voluntary one, but this in itself would not be sufficient to entitle it to be introduced in evidence, had improper means been used to secure it. People v. Cavanaugh, 246 Mich. 680, 225 N. W. 501. There is, however, no testimony whatever indicating that the confession was secured by force, promises, or threats or that any duress was used. The jury returned a verdict of guilty, and the judge rendered a sentence of from four to ten years.

It is claimed that the court erred in permitting the introduction of the transcript containing respondent's statement admitting the crime. Respondent's counsel, during the trial, after a number of witnesses had been sworn, and while the court stenographer who took down respondent's statement was testifying, asked that the jury be excluded and that defendant be allowed to take the witness stand in the absence of the jury and explain how the confession was secured. The court refused to do this. He properly ruled that respondent might testify in the presence of the jury, but that, if he took the stand, his...