People v. Jamerson, Docket No. 5259
| Decision Date | 25 November 1968 |
| Docket Number | Docket No. 5259,No. 2,2 |
| Citation | 14 Mich.App. 253,165 N.W.2d 480 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ozzie JAMERSON, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Erwin A. Salisbury, Ann Arbor, for appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, William F. Delhey, Pros. Atty., Washtenaw County, Ann Arbor, for appellee.
Before McGREGOR, P.J., and QUINN and LETTS, * JJ.
This appeal challenges a jury verdict of guilt for the crime of uttering and publishing. C.L.1948, § 750.249 (Stat.Ann.1954 Rev. § 28.446). Defendant paid for some medicine by endorsing a check with the name of a fictitious payee. He claims that the use at trial of his signature, appearing on a fingerprint card which he signed without being informed of its possible use against him, violated his privilege against self-incrimination and was inadmissible under C.L.1948, § 600.2144 (Stat.Ann.1962 Rev. § 27A.2144). Defendant also claims the evidence was insufficient to sustain the verdict.
Defendant's signature was admissible evidence to show that he did not endorse the check with his rightful name, C.L.1948, § 768.25 (Stat.Ann.1954 Rev. § 28.1048), and its admission did not violate defendant's privilege against self-incrimination. Gilbert v. California (1967), 388 U.S. 263, 87 S.Ct.1951, 18 L.Ed.2d 1178. The jury could infer from the evidence submitted that defendant had knowledge of the forged signature of either the drawer or the payee, and thus sustain a guilty verdict for uttering and publishing.
Affirmed.
* JOHN T. LETTS, Circuit Judge for the County of Kent, appointed by the Supreme Court for the hearing month of November, 1968, pursuant to § 306 P.A.1964, No. 281.
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People v. Williams, Docket No. 12398
...People v. Davis, 17 Mich.App. 615, 170 N.W.2d 274 (1969).3 See King v. Pinto, 376 F.2d 593 (CA 3, 1967).4 See People v. Jamerson, 14 Mich.App. 253, 165 N.W.2d 480 (1968). See, generally, Annos, Physical Examination or Exhibition of, or Tests Upon, Suspect or Accused, as Violating Rights Gua......
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People v. Harris, Docket No. 25594
...(1969). M.C.L.A. § 768.25; M.S.A. § 28.1048 governs admission of handwriting specimens in criminal proceedings, People v. Jamerson, 14 Mich.App. 253, 165 N.W.2d 480 (1968). The fact that the specimens here involved were obtained after defendant's arrest does not offend that Reversed and rem......