People v. Coates
| Citation | 337 Mich. 56,59 N.W.2d 83 |
| Decision Date | 08 June 1953 |
| Docket Number | No. 62,62 |
| Parties | PEOPLE v. COATES. |
| Court | Supreme Court of Michigan |
C. Rees Dean, Flint, for respondent and appellant.
Chester R. Schwesinger, Pros. Atty. for Genesee County, Flint, for the People.
Before the Entire Bench.
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 Black defendant was returned to the court room whereupon the following proceedings were had:
'The following proceedings were had at 5:30 A.M., on said day:
'Mr. Beagle (To respondent):
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'Mr. Beagle:
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'The Court:
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'Inspector Burke: No, he was in a white place.
'The Court:
'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:
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'
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'Mr. Beagle: In each case?
'The Court: In each case.'
In August, 1947, defendant filed two motions for leave to file motions 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...
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People v. Mauch
...to be exercised by him in the manner best suited to the parties and the offense. The topic is discussed with clarity in People v. Coates, 337 Mich. 56, 59 N.W.2d 83.' 355 Mich. at 379--380, 94 N.W.2d at Later in the opinion, this Court clearly emphasized that the trial court's finding that ......
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