People v. Jourdan

• Decision Date: 19 December 1968
• Docket Number: Docket No. 3804,No. 2,2
• Citation: People v. Jourdan, 14 Mich.App. 743, 165 N.W.2d 890 (Mich. App. 1968)
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James M. JOURDAN, Defendant-Appellant
• Court: Court of Appeal of Michigan

Page 890

165 N.W.2d 890

14 Mich.App. 743

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James M. JOURDAN, Defendant-Appellant.

Docket No. 3804.

Court of Appeals of Michigan, Division No. 2.

Dec. 19, 1968.

Released for Publication March 28, 1969.

Harvey R. Dean, Wall, Dean & Cyrul, Warren, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, George N. Parris, Pros. Atty., Thaddeus F. Hamera, Chief Appellate Lawyer, Don L. Milbourn, Asst. Pros. Atty., Macomb County, Mt. Clemens, for appellee.

Before T. G. KAVANAGH, P.J., and QUINN and MILLER, ^* JJ.

PER CURIAM.

Defendant was tried by a jury on April 12 and 13, 1967 and convicted of breaking and entering, M.C.L.A. § 750.110 (Stat.Ann.1968 Cum.Supp. § 28.305). Thereafter, he was sentenced. His appeal attacks the admission of his oral confession at trial.

This attack is based on the following facts: Defendant was questioned by the police October 5, 1965, at which time he was advised of his right to remain silent, that anything he said could and would be used against him in court, that he was entitled to an attorney and an attorney would be furnished to him if he could not afford to employ one. Defendant was not advised that interrogation would cease at his request and that he was entitled to counsel during interrogation, as required by Miranda v. Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. Johnson v. New Jersey (1966), 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882, made Miranda applicable to trials commenced after June 13, 1966.

Although the trial court determined defendant's confession voluntary and admissible after a Walker hearing, this Court is bound by the Miranda doctrine. People v. Whisenant (1968), 11 Mich.App. 432, 161 N.W.2d 425.

Reversed and new trial ordered.

* ALLAN C. MILLER, Circuit Judge for the 23rd Judicial Circuit, appointed by ...