People v. Heard, Docket No. 4510

Citation19 Mich.App. 516,172 N.W.2d 889
Decision Date27 October 1969
Docket NumberDocket No. 4510,No. 1,1
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. James HEARD, Defendant-Appellant
CourtCourt of Appeal of Michigan (US)

Harold M. Ryan, Detroit, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, William L. Cahalan, Pros. Atty., Samuel J. Torina, Chief Appellate Lawyer, Angelo A. Pentolino, Asst. Pros. Atty., Wayne County, Detroit, for plaintiff-appellee.



Defendant appeals his conviction of extortion, C.L.1948, § 750.213 (Stat.Ann.1962 Rev. § 28.410). The facts show that the complainant received several phone calls from an unknown person threatening her life if the sum of $9,000 were not paid to him. The Harper Woods police department was contacted and officers from there were present at the complainant's apartment on the proposed payoff day. The extortionist directed the complainant to drop off the money at a designated point. While she delayed her rendezvous, the police were dispatched to the scene to observe the events. The complainant received a phone call from the extortionist which was simultaneous with the observance of defendant's making a phone call.

After the complainant deposited the money at the designated spot, defendant was observed retrieving the bag in which it was contained. Defendant was apprehended after a high-speed chase and claimed that he was hired to pick up narcotics.

Defendant, on appeal, asserts a lengthy list of errors, a majority of which can be disposed of summarily. It is one of the defendant's assertions that since the complaining witness had not personally seen him, the examining magistrate did not have jurisdiction to issue a warrant. Due process requires that a warrant be issued upon probable cause, and we find no abuse of this discretion. People v. Dellabonda (1933), 265 Mich. 486, 251 N.W. 594. In addition, the complaining witness need not personally view the defendant in order for a warrant to be issued. 1 People v. Mosley (1953), 338 Mich. 559, 61 N.W.2d 785; Gallaway v. Burr (1875), 32 Mich. 332.

Defendant also alleges that M.C.L.A. § 764.1 (Stat.Ann.1954 Rev. § 28,860) 2 is constitutionally infirm and is improper in its present application. The Court does not find that defendant has raised a meritorious issue. See People v. Carter (1967), 379 Mich. 24, 148 N.W.2d 860.

It is argued by defendant that there was insufficient evidence to sustain the verdict. This Court notes that the function of an appellate court is not to be a reviewing jury, but to examine the record on appeal and ascertain if the jury's determination is supported by credible evidence. People v. Thomas (1967), 7 Mich.App. 103, 151 N.W.2d 186. We find that there was sufficient evidence, most of which was circumstantial, supporting the jury verdict.

The defendant asserts that the jury instructions were erroneous in citing the aiding and abetting statute (M.C.L.A. § 767.39 (...

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4 cases
  • Otte v. State
    • United States
    • United States State Supreme Court of Wyoming
    • May 3, 1977
    ...drove by, picked up bag, placed it in car and was arrested. Photos of the action were taken. No entrapment.In People v. Heard, 1969, 19 Mich.App. 516, 172 N.W.2d 889, the victim received calls from defendant extortionist, police were notified and present when the money was dropped off at a ......
  • People v. McClain
    • United States
    • Court of Appeal of Michigan (US)
    • August 4, 1970
    ...fact unless the evidence fails to support such findings. People v. Thomas (1967), 7 Mich.App. 103, 151 N.W.2d 186; People v. Heard (1969), 19 Mich.App. 516, 172 N.W.2d 889; People v. Ford (1969), 19 Mich.App. 519, 173 N.W.2d 3; People v. Mays (1969), 19 Mich.App. 588, 172 N.W.2d 900. Review......
  • People v. Campbell, Docket No. 7732
    • United States
    • Court of Appeal of Michigan (US)
    • August 25, 1970
    ...from the total record. A fact issue was clearly created. The jury resolved it. It is not susceptible of our review. People v. Heard (1969), 19 Mich.App. 516, 172 N.W.2d 889; People v. Thomas (1967), 7 Mich.App. 103, 151 N.W.2d (1) We turn next to the first claimed error, namely, that defend......
  • People v. Dalton, Docket No. 9239
    • United States
    • Court of Appeal of Michigan (US)
    • May 25, 1971
    ...that there was sufficient credible evidence to support the jury's verdict of guilty beyond a reasonable doubt. People v. Heard (1969), 19 Mich.App. 516, 172 N.W.2d 889; People v. Ford (1969), 19 Mich.App. 519, 173 N.W.2d 3; People v. Weems (1969), 19 Mich.App. 553, 172 N.W.2d Relative to de......

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