People v. Crow

• Decision Date: 21 October 1968
• Docket Number: No. 3,Docket No. 3978,3
• Citation: People v. Crow, 164 N.W.2d 750, 13 Mich.App. 594 (Mich. App. 1968)
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael Dean CROW, Defendant-Appellant
• Court: Court of Appeal of Michigan

Page 750

164 N.W.2d 750

13 Mich.App. 594

PEOPLE of the State of Michigan, Plaintiff-Appellee, v.Michael Dean CROW, Defendant-Appellant.

Docket No. 3978.

Court of Appeals of Michigan, Division No. 3.

Oct. 21, 1968.

Released for Publication Feb. 20, 1969.

Arthur R. Snell, Miller, Johnson, Snell & Cummiskey, Grand Rapids, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol.Gen., Lansing, James K. Miller, Pros.Atty., Kent County, Grand Rapids, for plaintiff-appellee.

Before KAVANAGH, P.J., and McGREGOR and ELLIOTT, ^* JJ.

PER CURIAM.

Defendant pled guilty to possession of a switchblade knife.C.L.S.1961, § 750.226a(Stat.Ann.1962 Rev. § 28.423(1)).We summarily resolve the issues raised by the following statements:

(1) A waiver of counsel on arraignment obviates any necessity of advising defendant of the same right at the time of sentencing.

(2) Trial by jury need not be expressly waived where defendant has been fully advised of his constitutional rights, after which he voluntarily pleads guilty.SeePeople v. Hobdy(1968), 380 Mich. 686, 158 N.W.2d 392.

(3)Defendant was properly informed of the accusation against him, in substantial compliance with GCR 1963, 785.3(2), where the court read a definitive information, related to defendant the maximum statutory punishment, and after the plea questioned the defendant concerning the circumstances and execution of the crime.People v. Lang(1968), 9 Mich.App. 635, 157 N.W.2d 800.

Affirmed.

*PHILIP ELLIOTT, Circuit Judge for the County of Genesee, appointed by the Supreme Court for the hearing month of October, 1968, pursuant to § 306 P.A.1964, No. 281.