People v. Herrera, 4

Decision Date12 January 1970
Docket NumberNo. 4,4
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Lupe Ruth HERRERA, Defendant-Appellant.
CourtMichigan Supreme Court

George E. Thick, II, Pros. Atty., H. Michael Dwan, Asst. Pros. Atty., Saginaw, for plaintiff.

Vincent A. Scorsone, Saginaw, for defendant.

Before the Entire Bench, except T.G. KAVANAGH, J.

T.M. KAVANAGH, Justice.

For the reasons given and authorities cited in People v. Cole (1969), 382 Mich. 695, 172 N.W.2d 354, this cause is reversed and remanded for a new trial.

BRENNAN, C.J., and KELLY and ADAMS, JJ., concurred with M. KAVANAGH, J.

DETHMERS and BLACK, JJ., concurred in result.

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7 cases
  • People v. Kirtdoll
    • United States
    • Michigan Supreme Court
    • April 16, 1974
    ... ... In two other criminal cases, People v. Herrera, 12 Mich.App. 67, 162 N.W.2d 330 (1968) reversed on other grounds 383 Mich. 49, 173 N.W.2d 202 (1970) and People v. Dickerson, 30 Mich.App. 447, 186 ... Nothing anywhere in the statute suggests business entries be treated differently in Criminal trials from civil trials. 4 In a word, if business records cannot be introduced into evidence it cannot be on the basis of statutory interpretation[391 MICH 379] but must be ... ...
  • People v. Hampton
    • United States
    • Michigan Supreme Court
    • June 1, 1971
    ...On appeal, the Court of Appeals reversed based on People v. Cole (1969), 382 Mich. 695, 172 N.W.2d 354, and People v. Herrera (1970), 383 Mich. 49, 173 N.W.2d 202. See People v. Hampton (1970), 23 Mich.App. 190, 178 N.W.2d The Court of Appeals held that the Lyles instruction applied to all ......
  • State v. Davis
    • United States
    • Kansas Court of Appeals
    • December 1, 1978
    ... ... 278, 492 P.2d 222 (1972) (physician's finding, see p. 280, 492 P.2d 222); and People v. Terrell, 138 Cal.App.2d 35, 291 P.2d 155 (1955) (physician's diagnostic conclusion, see pp ... 907 (1940), held hospital records inadmissible in a criminal action. People v. Herrera, 12 Mich.App. 67, 162 N.W.2d 330 (1968), reversed on other grounds, 383 Mich. 49, 173 N.W.2d 202 ... ...
  • Bryson v. Stone, Docket No. 9136
    • United States
    • Court of Appeal of Michigan — District of US
    • May 19, 1971
    ... ... However, the plaintiff herein has met the burden in paragraph number 4 of his complaint, as follows: ... 'That the said defendants, each and any of them, did breach their ... This was not an abuse of his discretion. People v. Freeman (1969), 16 Mich.App. 63, 167 N.W.2d 810 ... VI WAS IT REVERSIBLE ERROR FOR THE TRIAL ... Besse (1968), 14 Mich.App. 257, 165 N.W.2d 334. Cf. People v. Herrera (1968), 12 Mich.App. 67, 162 N.W.2d 330, reversed on other grounds, 383 Mich. 49, 173 N.W.2d 202 ... ...
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