People v. Coates

• Decision Date: 08 June 1953
• Docket Number: No. 62,62
• Citation: People v. Coates, 337 Mich. 56, 59 N.W.2d 83 (Mich. 1953)
• Parties: PEOPLE v. COATES.
• Court: Michigan Supreme Court

Page 83

59 N.W.2d 83

337 Mich. 56

PEOPLE v.COATES.

No. 62.

Supreme Court of Michigan.

June 8, 1953.

C. Rees Dean, Flint, for respondent and appellant.

Chester R. Schwesinger, Pros.Atty. for Genesee County, Flint, for the People.

Before the Entire Bench.

SHARPE, Justice.

Defendant, Irving Coates, upon his plea of guilty to the crime of robbery armed and the crime of rape, was sentenced to life imprisonment on each information.The record shows that on the 25th day of February, 1929, a complaint was made to the police of Flint, Michigan, that a Joe Bellinger had been robbed and that Mrs. Bellinger had been raped by an armed man.On February 27, 1929, between the hours of 12:30 a. m., and 2:00 a. m., defendant, Irving Coates, was taken into custody.Shortly after being taken into custody, defendant, Irving Coates, indicated his desire to plead guilty to both charges.About this time Mr. and Mrs. Bellinger were called in and they identified defendant as the person who had attacked them.Following his identification, arrangements were made for his arraignment before a municipal judge of the city of Flint.At this time the prosecuting attorney and chief of police concluded to call Circuit Judge Black in for consultation in view of the fact that defendant indicated his willingness to get the matter over with.Defendant was then taken to the circuit court to appear before Judge Black.He arrived at the circuit court between 3:00 and 3:30 a. m., and was taken into the chambers of Judge Black where he remained for a period of time estimated to be from 20 minutes to an hour or more.Following the conference with Judge Blackdefendant was returned to the court room whereupon the following proceedings were had:

'The above entitled cause came on before the Honorable Edward D. Black, Circuit Court Judge for Genesee County, Michigan, for arraignment of the above named respondent-appellant on charges of rape and robbery armed, on the 27th day of February, 1929.The plaintiff was represented by C. D. Beagle, Prosecuting Attorney for the County of Genesee, Michigan.The respondent-appellant was brought before the court without counsel.

'The following proceedings were had at 5:30 A.M., on said day:

'Mr. Beagle (To respondent):

'Q.Your name is Irving Coates?A.Yes, sir.

'Q.Youare charged in this information filed in this court on the 25th day of February this year, in this County, being armed with a dangerous weapon, to-wit; a claw hammer, you did feloniously assault Joe Bellinger with intent to rob and steal contrary to the form of the statute in such case made and provided and against the peace and dignity of the people of the State of Michigan.And, heretofore, to-wit; at the said time and place, being armed with a dangerous weapon; to wit; a claw hammer, did assault him, the said Joe Bellinger and feloniously took from his person thirteen dollars in lawful money of the United States, with intent to kill or maim him, the said Joe Bellinger, if resisted, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the People of the State of Michigan.Are you guilty or not guilty of that charge?A.Guilty.

'The Court: You plead guilty of your own free will?A.Yes, sir.

'Q.Without any promises made by anybody?A.Yes, sir.

'Q.Or any threats from anybody?A.Yes, sir.

'Q.How old are you?A. 25.

'Q.How long have you lived in Flint?A. 12 years.

'Q.Ever been arrested before?A.Yes, sir.

'Q.What for?A.Breaking and entering, larceny from the person.

'Q.Those are the only two times?A.No more than on assault and battery charges.

'Q.Are those the only felonies?A.Justone felony.

'Mr. Beagle:

'Q.Youwere arrested on the charge of rape here, weren't you, and it was dismissed?A.Dismissed.

'The Court:

'Q.Are you a married man?A.No, sir.

'Q.I have been informed that you have admitted some robberies outside of the ones you are charged with here, that you have been arrested for.Is that true?A.Yes, sir.

'Q.How many would you say?A.Seven or eight at least.

'Q.That is eight on the street?A.On the street.

'Q.Men or women or both?A.Men.

'Q.Did you carry a gun with you?A.Only the first night--tonight is the first time I had a gun, tonight.

'Q.Yousay you had a gun tonight?A.Yes, sir.

'Q.This was last night this complaint was made against you--night before last, the 25th.You say you had a gun tonight with you?A.Yes.

'Q.Did you hold up somebody tonight?A.Yes, sir.

'Q.Who did you hold up tonight, man or woman?A.Man.

'Q.Whereabouts?A.Philadelphia Street.

'Q.Philadelphia Street, did you get anything?A.No, sir.

'Q.Why not?A.He didn't have anything.

'Q.Youhad a gun with you that night when you held him up?A.No, sir.

'Q.I thought you said you had a gun tonight.A.I had a hammer at that time.

'Q.What?A.I didn't have a gun at that time.

'Q.When did you have a gun?I thought you said you had a gun tonight?A.I got the gun after that.

'Q.Youintended to hold up somebody else yet tonight?A.Yes, sir.

'Q.Do you work?A.I was working.

'Q.Youdid not need this money did you?A.Not particularly.

'Q.Do your people live here?A.Yes, sir.

'Q.How long since you first commenced your criminal career, how many years ago?A.Not years.

'Q.Less than a year?A.Yes, sir.

'Q.It has all been done within the last year or two?A.Yes, sir.

'Q.Youserved time?A.Yes, sir.

'Q.What for?A.Larceny from a person.

'Q.Larceny from a person?A.Yes, sir.

'Q.Only 28 years old, you say?A. 25.

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'Q.Where have you been staying, at home?A.No, sir, I live at 506 Baltimore.

'Q.Who lives there?A.A man and his wife.

'Q.Are those colored people too?A.Yes, sir.

'Q.(To Inspector Burke): Did you find him at a colored place?

'Inspector Burke: No, he was in a white place.

'Q.Whose place were you in when they caught you?A.Jack Dining's place.

'Q.What does he do?A.I don't know what kind of work he does.

'Q.How did you come to be there?A.I know him.

'Q.Is he a crook, too?A.He is not a crook.

'Q.Has he been out with you?A.No, he has not been out with me.

'Q.He does not know what you have done?A.He knows.

'Q.He knew you had been robbing?A.He gave me a pistol tonight.

'Inspector Burke: At the time he was arrested he had in his possession a 45 caliber Army automatic.At the time we entered the house he threw the pistol in some clothing in a bedroom.He also stated to me this Dining gave him this pistol with the understanding he was to go out and hold up people and go 50-50 with him on the holdups.

'The Court:

'Q.This is true?A.Yes, sir.

'Q.Had you ever divided with him before?A.No, sir.

'Q.But he knew you were doing that work?A.Yes, sir.

'Q.How long have you known him?A. 8 or 9 years.

'The Court: Rape carries a life sentence, doesn't it, Mr. Prosecutor?

'Mr. Beagle: Sir?

'The Court: The offense of rape carries a life sentence?

'Mr. Beagle: Yes, and robbery armed.

'The Court:

'Q.Youplead guilty to two offenses carrying a life sentence and you are only 25 years old.Can you tell the Court why you started out that way?A.Yes, sir.

'Q.Do you drink?A.Yes, sir.

'Q.That is what did it?A.Cocaine too.

'Q.Where did you get your cocaine?A.Bought it on the next street where I live at of a boy.

'Q.Who is the boy?A. Richard, a fellow named Richard; I don't know his first name.

'Q.A colored boy?A.Yes.

'Q.Do you know where he gets it.A.Detroit.

'Q.What number does he live at?A.I don't know the number, it is the first house off of Horton, on Philadelphia.

'Q.I suppose you can get your liquor anywhere, or do you have any special place to get it?A.I get it there.

'Q.Of the same fellow?A.Yes, sir.

'Q.How much do you have to pay for it?A.The liquor?

'Q.Yes.A.Fifty cents.

'Q.Don't you buy more than half a pint at a time?A.Sometimes a pint.

'Q.How much do you have to pay for cocaine?A.A dollar.

'Q.Youshoot yourself with cocaine before you start out to rob?A.Don't shoot it, put it up my nose.

'Q.Put it up your nose before you start out?A.Yes.

'Q.Drink besides before you start?A.Yes, sir.

'Q.Youget a double shot before you start out?A.Yes, sir.

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* * *

'Q.Youdo not think there is anything I can do but to put you away for life?You think that is what you are entitled to, don't you?A.Yes, sir.

'Q.It is a pretty hard blow for a boy 25 years of age?A.Yes, sir.

'The Court: Well, the sentence of the Court is that you go to the State's Prison at Marquette for and during your natural life.A.All right, sir.

'Q.Is that satisfactory?A.Yes, sir.

'Mr. Beagle: In each case?

'The Court: In each case.'

In August, 1947, defendant filed two motions for leave to filemotions for a new trial in each case.In an affidavit supporting his motions he states:

'Deponent Further Says that he was arrested by police, including Chief C. J. Scavarda and Sergeant Beale, who threatened him with bodily harm and death if your deponent did not plead guilty to the charges asserted against him, and that based upon his fears, deponent did plead guilty of the crime of which he now stands convicted in this Court, but deponent denies now as he has steadfastly denied from the moment of his arrest, that he is guilty of any crime, and especially the crime of which he now stands convicted and that if he had not been coerced into pleading guilty, he would have been able to show that he could not have, nor did commit the said crime.

'Deponent Further Says that from the time of his arrest through the time when he was committed to Marquette Prison, he was unable to communicate with friends, relatives, or secure counsel and that at no time was he asked whether he desired counsel, and he feared to ask for counsel because of the threats made against him by Chief C. J. Scavarda and Sergeant Beale, nor was he...