People v. Gray

• Decision Date: 31 March 1970
• Docket Number: No. 3,Docket No. 7790--1,3
• Citation: People v. Gray, 178 N.W.2d 172, 23 Mich.App. 139 (Mich. App. 1970)
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. J. C. GRAY, Defendant-Appellant
• Court: Court of Appeal of Michigan

Page 172

178 N.W.2d 172

23 Mich.App. 139

PEOPLE of the State of Michigan, Plaintiff-Appellee, v.J. C. GRAY, Defendant-Appellant.

Docket No. 7790--1.

Court of Appeals of Michigan, Division No. 3.

March 31, 1970.

Released for Publication July 8, 1970.

Homer Arnett Kalamazoo, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol.Gen., Donald A. Burge, Pros.Atty., for plaintiff-appellee.

Before R. B. BURNS, P.J., and FITZGERALD and LEVIN, JJ.

PER CURIAM.

DefendantJ. C. Gray was arrested on September 21, 1967, in the city of Kalamazoo and charged with unlawfully interfering with police officers in the performance of their duties in violation of the provisions of C.L.1948, § 750.479(Stat.Ann. $ 28.747).

The record discloses the following events which terminated in defendant's arrest.William Gray, defendant's brother, was observed driving his automobile in a reckless manner.A police officer followed him to his mother's residence where the officer called to the subject saying, 'Come here, I want to talk to you.'Gray gave no heed to the directive and continued on into the house.In response to a call for assistance, two more officers arrived at the scene.The officers stood on the porch and conversed with the subject's mother, whereupon William Gray came out of the house and was placed under arrest for reckless driving.Unwilling to submit to his fate so passively, Gray attempted to run back into the house but was temporarily subdued by the arresting officer.Defendant, who was also present on the porch got hold of the officer's arm, thus freeing his brother who ran into the house.He was captured and again restrained near the back door of the home where defendant intervened for the second time by knocking the officer off balance and closing the door while William Gray made good his escape.Two criminal cases involving obstructing, resisting, opposing, and assaulting two officers were tried together.Defendant was found guilty in each case by a jury, was sentenced and now brings this appeal.

The questions to which this appeal is directed are whether the officers were engaged in a lawful arrest and whether defendant interfered with the officers while performing their duties.

Defendant contends that the police failed to make an immediate arrest as the law requires.He argues that since his arrest was not immediate it was illegal and he cannot be charged with resisting the officers.The people contend that the arrest was immediate and rely on a continuity of action from the time of the reckless driving until the arrest of William Gray was completed.

An examination of applicable law discloses that any peace officer may, without a warrant, arrest a person for the commission of any felony or misdemeanor committed in his presence.C.L.1948, § 764.15(Stat.Ann.1954 Rev. § 28.874).Such an arrest must be made immediately.People v. Johnson(1891), 86 Mich. 175, 48 N.W. 870.If the officers had a right to arrest William Gray without a warrant, then unquestionably the interfering actions of defendant were...