People v. Cunningham
Decision Date | 09 December 1969 |
Docket Number | Docket No. 6750,No. 1,1 |
Citation | 174 N.W.2d 599,20 Mich.App. 699 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Henry CUNNINGHAM, Defendant-Appellant |
Court | Court of Appeal of Michigan — District of US |
William M. Brodhead, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Solicitor Gen., Lansing, William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Division, Wayne County, Detroit, Robert A. Reuther, Asst. Pros. Atty., for plaintiff-appellee.
Before LESINSKI, C.J., and J. H. GILLIS and DANHOF, JJ.
After a jury trial, defendant and two other men were convicted of carrying a dangerous weapon in a vehicle. 1 Only defendant has appealed.
Defendant's arrest occurred in May, 1968, after the vehicle in which he was a passenger was stopped by police for a traffic violation. One of the arresting officers approached the automobile on the right side and observed the barrel of a 12-gauge shotgun protruding three inches from under a coat in the back seat. 2 This discovery led to the arrest of the driver of the vehicle, a rear seat passenger, and defendant, who was the front seat passenger.
At trial the police officer testified to his visual discovery and the circumstances of the arrest. The driver of the automobile testified that it was his coat that was concealing the gun, but denied knowledge of the presence of the gun. Defendant Cunningham did not testify.
On appeal defendant claims that the proofs adduced at trial were insufficient to support a finding of guilt beyond a reasonable doubt. Since the trial below was had before a jury, our review is limited by the standard announced in People v. Spann (1966), 3 Mich.App. 444, 451, 142 N.W.2d 887, 890:
The pivotal question in this case is whether the plaintiff presented sufficient proof of all of the elements of the crime. It is defendant's contention that the jury's finding of the element of knowledge was the result of the same type of a pyramiding of inferences condemned in People v. Petro (1955), 342 Mich. 299, 70 N.W.2d 69. We disagree.
In Petro, supra, the defendants' convictions for carrying guns in a vehicle operated or occupied by them was reversed. It appears that the defendants were observed in the vehicle at various times prior to their arrest. However, they were not observed in the vehicle on the day of the actual arrest. Further, the guns were found in a secret compartment in the automobile. In reversing, the Supreme Court stated:
'It is the duty of courts to reverse criminal convictions based upon an inference upon an inference in the absence of a statutory presumption.'
In the instant case the proof established the presence of the shotgun in the back seat of the vehicle. From this established fact the jury could have reasonably inferred that the defendant had the requisite knowledge. People...
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