People v. Harris

Decision Date25 February 1960
Docket NumberNo. 65,65
Citation101 N.W.2d 242,358 Mich. 646
PartiesPEOPLE of State of Michigan, Plaintiff and Appellee, v. Samuel HARRIS, Defendant and Appellant.
CourtMichigan Supreme Court

Henry Heading, Detroit, for defendant and appellant.

Paul L. Adams, Atty. Gen., Samuel J. Torina, Sol. Gen., Lansing, Samuel H. Olsen, Prosecuting Atty., Steven G. Danielson, Asst. Prosecuting Atty., Detroit, for the People.

Before the Entire Bench.

KELLY, Justice.

The trial court found defendant guilty of illegal possession of marijuana (P.A.1952, No. 266, § 3 [C.L.S.1956, § 335.153 (Stat.Ann. 1957 Rev. § 18.1123)]).

A sack containing the marijuana was found by members of the Detroit police department in an apartment in the city of Detroit.

The evidence disclosed that defendant did not live in the apartment, and the court so found.

The only evidence that could possibly justify a finding of guilt was a fingerprint upon the sack containing the marijuana cigarettes, which fingerprint was identified as that of defendant.

The evidence was not sufficient to sustain a conviction of possession and that fact was admitted by counsel for the People of the State of Michigan during oral argument before this Court.

The judgment entered and the sentence imposed are reversed and the cause remanded to the trial court to enter an order in accordance herewith and discharge defendant.

DETHMERS, C. J., and CARR, SMITH, BLACK, EDWARDS, KAVANAGH and SOURIS, JJ., concur.

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3 cases
  • People v. Ware
    • United States
    • Court of Appeal of Michigan — District of US
    • July 25, 1968
    ...under such circumstances that they could only have been impressed at the time when the crime was committed.' People v. Harris (1960), 358 Mich. 646, 101 N.W.2d 242, cited by the defendant, is distinguishable because the evidence in that case clearly did not come within the rule enunciated a......
  • People v. Jackson, Docket No. 10646
    • United States
    • Court of Appeal of Michigan — District of US
    • August 28, 1972
    ...use of fingerprint evidence is adequately set forth in People v. Ware, 12 Mich.App. 512, 163 N.W.2d 250 (1968), and People v. Harris, 358 Mich. 646, 101 N.W.2d 242 (1960). There is no question that the evidence shows that the defendant was probably in the area of the hardware store in quest......
  • People v. Eaves, 964
    • United States
    • Court of Appeal of Michigan — District of US
    • October 11, 1966
    ...two Michigan cases to support her second contention, neither of which are applicable to the case at bar. In People v. Harris (1960), 358 Mich. 646, 647, 101 N.W.2d 242, 243, '(T)he only evidence that could possibly justify a finding of guilt was a fingerprint upon the sack containing the ma......

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