People v. Jackson, Docket No. 7786
| Citation | 180 N.W.2d 199,24 Mich.App. 325 |
| Decision Date | 02 June 1970 |
| Docket Number | No. 1,Docket No. 7786,1 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert JACKSON, Defendant-Appellant |
| Court | Court of Appeal of Michigan (US) |
Robert Jackson, in pro. per.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Arthur N. Bishop, Asst. Pros. Atty., for plaintiff-appellee.
Before V. J. BRENNAN, P.J., and McGREGOR and AGER, * JJ.
The defendant herein was tried and convicted of armed robbery, M.C.L.A. § 750.529 (Stat.Ann.1970 Cum.Supp. § 28.797), and from this verdict he appeals.
On January 23, 1968, a party store in Detroit was robbed of $125. Present during the robbery were the owner and her daughter. The daughter selected the defendant from a pretrial lineup, and again positively identified him in court. Although the owner selected the defendant from photographs shown to her, she was unable to select the defendant from the lineup. However, she did make a positive in-court identification of the defendant.
Defendant on appeal contends that the store owner's pretrial identification was tainted in that she selected the defendant by photograph, which therefore resulted in a tainted identification. Simmons v. the photographic identification procedure 967, 19 L.Ed.2d 1247. Simmons did not hold that the mere selection of photographs prior to trial taints the in-court identification. The Court therein held that 'each case must be considered on its own facts,' and that 'convictions based on eyewitness identification at trial following a pretrial identification by photograph will be set aside on that ground only if the photographs identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.' Simmons, supra, 390 U.S. 384, 88 S.Ct. 967, 19 L.Ed.2d 1253.
The defendant herein makes the bare assertion that identification by photograph necessarily taints the in-court identification. This contention is without merit.
This Court finds that sufficient evidence was presented to the trier of fact which, if believed, would sustain the conviction herein. People v. Floyd (1968), 15 Mich.App. 284, 285, 166 N.W.2d 506.
Conviction affirmed.
* WILLIAM F. AGER, JR., Circuit Judge for the County of Washtenaw, appointed by the Supreme Court for the hearing month of May, 1970...
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People v. Pruitt
...error is without merit. Simmons v. United States (1968), 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247; People v. Jackson (1970), 24 Mich.App. 325, 180 N.W.2d 199. And since no objection was raised at trial, it will not now be heard for the first time on appeal. People v. Childers (1969), 20 ......