People v. Johnson
| Decision Date | 23 May 1974 |
| Docket Number | Nos. 55798,55812,s. 55798 |
| Citation | 391 Mich. 834,218 N.W.2d 378 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Rayford JOHNSON, Defendant-Appellant. PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Cicero LOVE, Defendant-Appellant. 391 Mich. 834, 218 N.W.2d 378 |
| Court | Michigan Supreme Court |
Before the Entire Bench.
On order of the Court, the motion for immediate consideration is considered, and the same hereby is granted.
On order of the Court, the application by defendants and appellants for leave to appeal is considered, and the same hereby is granted. The Court, sua sponte, under GCR 1963, 865.1(7), hereby reverses the Court of Appeals and remands for a new trial. See M.C.L.A. § 770.1; M.S.A. § 28.1098: 'The court in which the trial of any indictment shall be had may grant a new trial to the defendant, for any cause for which by law a new trial may be granted, Or when it shall appear to the court that justice has not been done, and on such terms or conditions as the court shall direct.' (Emphasis supplied.) See dissenting opinion of O'Hara, J., in Sloan v. Kramer-Orloff Co., 371 Mich. 403, 124 N.W.2d 255 (1963).
The application for bond is denied without prejudice to the rights of the defendants to make such a motion to the trial judge.
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People v. Lemmon
...Unfortunately, however, the opinion in Johnson (hereafter Johnson II) and an earlier order from this Court (People v. Johnson, 391 Mich. 834[, 218 N.W.2d 378 (1974)] ) contain language that intimates judicial oversight of the credibility decisions of trial court juries. The Court of Appeals......
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People v. Herbert
...Unfortunately, however, the opinion in Johnson (hereafter Johnson II ) and an earlier order from this Court (People v. Johnson, 391 Mich. 834, 218 N.W.2d 378 [1974] contain language that intimates judicial oversight of the credibility decisions of trial court juries. The Court of Appeals op......
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People v. Hampton
...evidence introduced and that an injustice has been done. People v. Henssler, 48 Mich. 49, 51, 11 N.W. 804 (1882); People v. Johnson, 391 Mich. 834, 218 N.W.2d 378 (1974). See, also, GCR 1963, 527.1(5). The decision whether to grant or deny a motion for a new trial is entrusted to the discre......
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People v. Bowyer
...introduced and that an injustice has been done. People v. Henssler, 48 Mich. 49, 51, 11 N.W. 804 (1882), People v. Rayford Johnson, 391 Mich. 834, 218 N.W.2d 378 (1974). See, also, GCR 1963, 527.1(5). The decision whether to grant or deny a motion for a new trial is entrusted to the discret......