People v. Dawson

Decision Date02 April 1971
Docket NumberNo. 1,Docket No. 9955,1
Citation188 N.W.2d 676,32 Mich.App. 336
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Henry DAWSON, Defendant-Appellant
CourtCourt of Appeal of Michigan — District of US

Jack J. Kraizman, Detroit, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Thomas R. Lewis, Asst. Pros. Atty., for plaintiff-appellee.

Before DANHOF, P.J., and HOLBROOK and BRONSON, JJ.

PER CURIAM.

After a trial by jury the defendant was convicted of second-degree murder, M.C.L.A. § 750.317 (Stat.Ann.1954 Rev. § 28.549), and he now appeals.

It is urged that the evidence adduced at trial was insufficient to warrant a finding of guilty beyond a reasonable doubt. Review of the record shows that there was ample competent evidence from which the jury could conclude beyond a reasonable doubt that the defendant was guilty.

The defendant contends that the trial court erred in giving an instruction regarding aiding and abetting pursuant to M.C.L.A. § 767.39 (Stat.Ann.1954 Rev. § 28.979). The test of whether such an instruction is proper is whether or not there has been evidence presented which would support such a theory of guilt. People v. Ware (1968), 12 Mich.App. 512, 163 N.W.2d 250. The defendant has argued that it was another person who fired the fatal shots. The record contains evidence that would support a finding that the two men were acting together. Therefore, the giving of the instruction was not improper.

The defendant contends that it was error for the trial court to refuse to strike testimony of two of the prosecution's witnesses. The defendant did not object at the time this testimony was offered. His counsel cross-examined these witnesses. In general an objection must be made at the time the grounds for the objection become known. Wigmore on Evidence (3d ed), § 18. Since the objection was not timely we do not believe that the trial court abused its discretion in refusing to strike the testimony. See People v. Maloy (1919), 204 Mich. 524, 170 N.W. 690.

Affirmed.

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7 cases
  • People v. Trudeau
    • United States
    • Court of Appeal of Michigan — District of US
    • 5 Marzo 1974
    ...another person delivered the fatal blows, there is sufficient evidence that defendant acted in concert with him. People v. Dawson, 32 Mich.App. 336, 188 N.W.2d 676 (1971). People v. Knapp, 26 Mich. 112, 115 (1872), articulated the now well established 'There can be no criminal responsibilit......
  • People v. LaTeur
    • United States
    • Court of Appeal of Michigan — District of US
    • 24 Abril 1972
    ...seen holding a dangerous weapon, both defendants could be found guilty of 'armed' robbery under this statute. In People v. Dawson, 32 Mich.App. 336, 188 N.W.2d 676 (1971), evidence indicated two men were acting together in committing the crime. In Dawson, as in this case, the aiding and abe......
  • People v. Marshall
    • United States
    • Court of Appeal of Michigan — District of US
    • 1 Mayo 1974
    ...198 N.W.2d 449, 450 (1972). See, also, People v. Adams, 35 Mich.App. 408, 411, 192 N.W.2d 625, 626 (1971), and People v. Dawson, 32 Mich.App. 336, 337, 188 N.W.2d 676, 677 (1971). In McClendon, supra, one individual was caught by a police officer at the scene of the crime. The police office......
  • People v. Battle
    • United States
    • Court of Appeal of Michigan — District of US
    • 7 Septiembre 1976
    ...215 N.W.2d 733 (1974), Lv. den., 393 Mich. 806 (1975), People v. Adams, 35 Mich.App. 408, 192 N.W.2d 625 (1971), People v. Dawson, 32 Mich.App. 336, 188 N.W.2d 676 (1971), Lv. den., 385 Mich. 776 Defendant next argues that his convictions must be reversed because he was denied the effective......
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