People v. Jelks, Docket No. 8318
| Court | Court of Appeal of Michigan (US) |
| Writing for the Court | LEVIN |
| Citation | 190 N.W.2d 291,33 Mich.App. 425 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. John Lee JELKS, Defendant-Appellant |
| Docket Number | No. 1,Docket No. 8318 |
| Decision Date | 18 May 1971 |
Page 291
v.
John Lee JELKS, Defendant-Appellant.
Rehearing Denied Aug. 13, 1971.
Released for Publication Oct. 7, 1971.
Leave to Appeal Denied Nov. 17, 1971.
[33 Mich.App. 427]
Page 292
Arthur J. Tarnow, State Appellate Defender, Detroit, for defendant-appellant.[33 Mich.App. 426] Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Luvenia D. Dockett, Asst. Pros. Atty., for plaintiff-appellee.
[33 Mich.App. 427]
Page 293
Before V. J. BRENNAN, P.J., and FITZGERALD and LEVIN, JJ.LEVIN, Judge.
The victim of the criminal offenses of which the defendant, John Lee Jelks, was convicted testified that her automobile became inoperable early in the morning of April 13, 1969, while she was driving on an expressway. She said that Jelks approached and offered to assist her, and, when her automobile could not be restarted, offered to drive her home. She claimed that he drove into alleys near her home, threatened her with a gun, and robbed and raped her, and required her to commit an act of gross indecency.
She identified Jelks' photograph from reels containing a large number of photographs and two weeks later picked him out of a lineup composed of five men.
She testified that when the criminal acts were committed there was a card hanging in the back window of Jelks' automobile. A police officer testified that the victim had mentioned the card before Jelks was apprehended. Both the officer and the victim testified that the card described was in the back window of Jelks' automobile when they viewed the automobile after Jelks was in custody.
Four alibi witnesses testified that Jelks was with them at the time the crimes were committed. The judge, who sat without a jury, in stating his findings said that he did not believe the alibi witnesses and indicated that he believed the victim's testimony. He said that he was satisfied that the lineup was fair. In conclusion he expressed his satisfaction beyond a resonable doubt of Jelk's guilt of all [33 Mich.App. 428] three charged offenses and convicted him of armed robbery, 1 rape 2, and committing an act of gross indecency with a woman. 3
Jelks filed a motion for a new trial on the ground that the automobile identified by the victim as the one used by him when the crime were committed was in fact disabled and and at a collision repair shop from April 1, 1969, continuously to and through April 13, 1969, the date on which the crimes were committed. In support of his motion he submitted a post-trial affidavit of a person who swore that he was responsible for incoming cars at the repair shop, that on April 1, 1969, the defendant brought in his automobile for a repair estimate and that the estimate was $450. The affidavit concludes with the statement that the automobile had remained at the repair shop since April 1, 1969, and was still there on the date of the affidavit. The judge denied the new trial motion.
At the trial the victim testified that while she was riding in Jelks' automobile it was 'smoking' and that he told her it was not operating properly and explained that he had just taken it out of the 'shop.'
When Jelks testified, he said that he had received a key from the owner of the shop 'to go and open the car and work.' He also claimed that he had a 'receipt' from the repair shop which was in the hands of an attorney who was representing him in civil litigation arising out of an automobile accident that occurred on April 1, 1969. He said he showed the receipt to a police officer.
The officer testified that Jelks said he took the automobile to the repair shop on April 1, 1969, that [33 Mich.App. 429] he did not exhibit a receipt, and that persons employed at the repair shop were unable to recall the exact date on which the automobile was brought in but thought it was between April 11 and April 18.
A photocopy of a receipt or estimate, dated April 1, 1969, issued by the repair
Page 294
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People v. Holcomb, Docket No. 12719
...Mich.App. 167, 191 N.W.2d 108 (1971). 16 See, e.g., People v. Bottany, 43 Mich.App. 375, 204 N.W.2d 230 (1972). 17 Cf. People v. Jelks, 33 Mich.App. 425, 190 N.W.2d 291 (1971); People v. Peabody, 37 Mich.App. 87, 194 N.W.2d 532 (1971); People v. Burd, 39 Mich.App. 22, 197 N.W.2d 76 (1972); ......
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People v. Harrison, Docket No. 11447
...necessary that a witness be on the scene at the time a crime Page 909 is committed in order to be a res gestae witness. People v. Jelks, 33 Mich.App. 425, 430, 190 N.W.2d 291 (1971) (repair garage personnel, where scene of alleged crime was defendant's automobile, and defendant claimed his ......
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People v. Thomas, Docket Nos. 5760
...1008, 89 S.Ct. 490, 21 L.Ed.2d 473; Jones v. Florida (1969), 394 U.S. 720, 89 S.Ct. 1473, 22 L.Ed.2d 675. 6 See People v. Jelks (1971), 33 Mich.App. 425, 190 N.W.2d 7 'The plaintiffs waived the privilege when they charged their former attorney with incompetency and unpreparedness.' Everett ......
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People v. Swan, Docket No. 17542
...care so that they can be reconstructed from a more reliable record than the memory of police officers and witnesses'. People v. Jelks, 33 Mich.App. 425, 432, 190 N.W.2d 291, 295 (1971) (Levin, 4 It would be helpful, however, to know more precisely the physical conditions of the defendant's ......
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People v. Holcomb, Docket No. 12719
...Mich.App. 167, 191 N.W.2d 108 (1971). 16 See, e.g., People v. Bottany, 43 Mich.App. 375, 204 N.W.2d 230 (1972). 17 Cf. People v. Jelks, 33 Mich.App. 425, 190 N.W.2d 291 (1971); People v. Peabody, 37 Mich.App. 87, 194 N.W.2d 532 (1971); People v. Burd, 39 Mich.App. 22, 197 N.W.2d 76 (1972); ......
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People v. Harrison, Docket No. 11447
...necessary that a witness be on the scene at the time a crime Page 909 is committed in order to be a res gestae witness. People v. Jelks, 33 Mich.App. 425, 430, 190 N.W.2d 291 (1971) (repair garage personnel, where scene of alleged crime was defendant's automobile, and defendant claimed his ......
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People v. Thomas, Docket Nos. 5760
...1008, 89 S.Ct. 490, 21 L.Ed.2d 473; Jones v. Florida (1969), 394 U.S. 720, 89 S.Ct. 1473, 22 L.Ed.2d 675. 6 See People v. Jelks (1971), 33 Mich.App. 425, 190 N.W.2d 7 'The plaintiffs waived the privilege when they charged their former attorney with incompetency and unpreparedness.' Everett ......
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People v. Swan, Docket No. 17542
...care so that they can be reconstructed from a more reliable record than the memory of police officers and witnesses'. People v. Jelks, 33 Mich.App. 425, 432, 190 N.W.2d 291, 295 (1971) (Levin, 4 It would be helpful, however, to know more precisely the physical conditions of the defendant's ......