People v. Jackson

• Decision Date: 12 August 1975
• Docket Number: Docket No. 20768
• Citation: 234 N.W.2d 471,63 Mich.App. 249
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert JACKSON, Defendant-Appellant. 63 Mich.App. 249, 234 N.W.2d 471
• Court: Court of Appeal of Michigan — District of US

Page 471

234 N.W.2d 471

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert JACKSON, Defendant-Appellant.

Docket No. 20768.

63 Mich.App. 249, 234 N.W.2d 471

Court of Appeals of Michigan.

Aug. 12, 1975.

Released for Publication Nov. 4, 1975.

Leave to Appeal Denied Jan. 9, 1976.

[63 MICHAPP 250] James R. Neuhard, State Appellate Defender, Detroit, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Patricia J. Boyle, Appellate Chief Asst. Pros. Atty., Gerard A. Poehlman, Asst. Pros. Atty., for plaintiff-appellee.

Before DANHOF, P.J., and R. B. BURNS and MAHER, JJ.

MAHER, Judge.

Defendant was found guilty of second-degree murder, M.C.L.A. § 750.317; M.S.A. § 28.549, by a judge sitting without a jury. This Court affirmed the conviction, People v. Jackson, 41 Mich.App. 530, 200 N.W.2d 465 (1972), but the Supreme Court remanded the case back to the trial court for additional fact finding. People v. Jackson, 390 Mich. 621, 212 N.W.2d 918 (1973). Defendant appeals, raising three claims of error arising out of that remand.

The facts of this case are set out more extensively in both appellate decisions but are basically as follows: Defendant, with Michael Lewis and the [63 MICHAPP 251] decedent, Jackie (Sonny) Wilson, Jr., went to the residence of Richard Holmes to purchase narcotics. Wilson knocked on the door while Lewis stood on the porch and defendant stood on the steps leading to the porch. Holmes opened the door and told Wilson that he did not know Lewis. When Wilson made a move, Holmes jumped back into the hall. Lewis testified that the first shot came from inside the hallway and that defendant returned the fire with a sawed-off shotgun he had concealed under his clothing, killing Wilson. Both the prosecutor and defense counsel tried the case on the assumption that Wilson's death was accidental.

Because '(t)here (was) sufficient doubt whether the judge correctly applied the law to the facts of this case', the Supreme Court remanded 'for additional fact finding on the record already made', People v. Jackson, supra, 628, 212 N.W.2d 922, after holding that GCR 1963, 517, requiring fact finding in bench trials, applied to criminal as well as civil, cases. The Court specifically pointed out that the judge failed to indicate in his findings how he resolved the issue of self-defense and whether he found against defendant because he did not believe Lewis' uncontradicted testimony or because he thought that defendant used excessive force.

On remand, both prosecution and defense submitted proposed findings of fact. The trial court adopted the prosecution's, supplementing them with one conclusory paragraph:

'1) That Jackie Wilson Jr. met his demise on September 28, 1970 at about 10:30 p.m.

'2) That Jackie Wilson Jr. died as a result of a shotgun wound which entered his left chest traveling upwards approximately 25 to 30 degrees.

'3) That at the time of this incident the deceased, the defendant and one Michael Lewis had approached a [63 MICHAPP 252] home of Richard Holmes to engage in a narcotic transaction.

'4) That the home of Richard Holmes is located in the City of Detroit at 16625 Prairie Street.

'5) That the defendant was armed with a shotgun and at the time of the fatal blast was standing on the steps leading up to the porch and the deceased was standing on the porch facing the door.

'6) That the defendant intentionally fired the shotgun intending to hit Holmes, but instead the shot struck the deceased.

'7) That malice is hereby inferred from the use of the shotgun.

'I would supplement them with the additional finding to the effect that the shooting in this case which resulted in the death of the deceased was neither justifiable nor excusable and that I do not find that the defendant at the time he committed the act of shooting was acting in self-defense. Under those circumstances, I believe we have all the essential elements necessary to support a finding of murder in the second degree; and that is the court's finding.'

Before discussing the adequacy of the trial court's findings of fact on remand, in order to answer defendant's initial contention that the trial judge erred in drawing an inference of malice from defendant's use of a sawed-off shotgun, we recognize that the finder of fact May infer malice from the use of deadly weapon. People v. Martin, 392 Mich. 553, 221 N.W.2d 336 (1974). The trial judge could properly infer malice from defendant's use of a shotgun and his statement that 'malice is hereby inferred from the use of the shotgun' indicates that is what he did.

With respect to the trial judge's findings of fact in this case, GCR 1963, 517.1, provides in pertinent part:

'In all actions tried upon the facts without a jury or [63 MICHAPP 253] with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment. It will be sufficient if the court makes brief, definite, and pertinent findings and conclusions upon the contested matters without over elaboration of detail or particularization of facts. If an opinion or memorandum decision is filed, it will be sufficient if the findings and conclusions appear therein.'

The purpose of special findings of fact in nonjury criminal cases is to aid appellate review. People v. Matthews, 53 Mich.App. 232, 218 N.W.2d 838 (1974). There are no simple rules as to the sufficiency or specificity required in findings made by the trial court. Nonetheless, the author's comments, 2 Honigman & Hawkins, Michigan Court Rules Annotated (2d ed.), pp. 594, 595, are helpful:

'The findings must disclose the basis for each ultimate fact necessary to sustain the court's conclusions of law. But a mere recital of the conclusory facts which constitute the elements of the cause of...