People v. Keywell

Citation239 N.W. 288,256 Mich. 139
Decision Date08 December 1931
Docket NumberNo. 214.,214.
PartiesPEOPLE v. KEYWELL
CourtSupreme Court of Michigan

OPINION TEXT STARTS HERE

Error to Circuit Court, Wayne County; Thomas M. Cotter, Judge.

Philip Keywell was convicted of murder, and he brings error.

Affirmed.

Argued before the Entire Bench.Chawke & Sloan and Edward H. Kennedy, Jr., both of Detroit, for appellant.

Paul W. Voorhies, Atty. Gen., and Harry S. Toy, Pros. Atty., and Edmund E. Shepherd, Asst. Pros. Atty., both of Detroit, for the People.

WIEST, J.

An illicit liquor cutting plant was in a barn or garage located on an alley in the city of Detroit. One or more of several boys, passing through the alley, tried to peep into the building. They were evidently observed, for six men rounded them at the nearest street corner, asked why they were peeking under the door, and one of the men shot and killed Arthur Mixon one of the boys. Defendant was convicted of the murder, his motion for a new trial was denied, and we now review on his appeal.

We cannot hold the verdict contrary to the great weight of the evidence. The verdict was well within the evidence accepted by the jury, and we cannot hold it contrary to the great weight thereof.

Murder was committed. Some eyewitnesses identified defendant as the murderer, while others testified that defendant was not the person. This presented a question of fact; the jury culled the substance from chaff, and, without view of the witnesses, we cannot winnow otherwise.

In the motion for a new trial it was alleged that Joe Ford, a 9 year old colored boy, witnessed the murder and his name should have been indorsed on the information. No such request was made at the trial. It is the duty of the prosecuting attorney to indorse on an information the names of all known res gestae witnesses. Was Joe Ford such a witness? This is answered by Joe Ford's testimony, given at the subsequent trial of Morris Raider and before the motion for a new trial herein, where the court directed that Joe Ford's name be indorsed on the information and his name was indorsed as a witness. He testified that he did not witness the killing or see the killer.

Robert Miller witnessed the killing, saw the murderer, was called by the prosecution, and testified that defendant was not the killer. He was asked about alleged statements to the contrary, and denied making them. It is contended that the court erred in not instructing the jury, at the time of taking the testimony, that contradictory statements, if any, would not constitute substantive evidence. This the court should have done because there was such a request. Was defendant harmed by the failure of the court to so instruct the jury? Certainly not at that time,...

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16 cases
  • People v. Harrison
    • United States
    • Court of Appeal of Michigan (US)
    • 20 Febrero 1973
    ...upon such conditions as the court shall determine.' The term 'all witnesses' encompasses only res gestae witnesses. People v. Keywell, 256 Mich. 139, 239 N.W. 288 (1931); People v. Banks, 27 Mich.App. 331, 183 N.W.2d 429 (1970); People v. Kern, 6 Mich.App. 406, 149 N.W.2d 216 (1967). Moreov......
  • People v. Keys
    • United States
    • Court of Appeal of Michigan (US)
    • 19 Marzo 1968
    ...v. Todaro (1931), 253 Mich. 367, 370, 235 N.W. 185; People v. Hoffman (1908), 154 Mich. 145, 147, 117 N.W. 568; People v. Keywell (1931), 256 Mich. 139, 141, 239 N.W. 288; People v. Hawthorne (s940), 293 Mich. 15, 21, 291 N.W. 205; People v. Hallman (1941), 299 Mich. 657, 659, 660, 1 N.W.2d......
  • People v. Hammack
    • United States
    • Court of Appeal of Michigan (US)
    • 11 Agosto 1975
    ...him. This requirement has been tempered, however, and only requires the prosecutor to indorse res gestae witnesses. People v. Keywell, 256 Mich. 139, 239 N.W. 288 (1931); People v. Harrison, 44 Mich.App. 578, 205 N.W.2d 900 (1973). At the time of trial, M.C.L.A. § 768.20; M.S.A. § 28.1043 d......
  • People v. Durkee
    • United States
    • Supreme Court of Michigan
    • 5 Abril 1963
    ...J., and DETHMERS, BLACK, KAVANAGH, SOURIS, SMITH and O'HARA, JJ., concur. 1 People v. Connor, 295 Mich. 1, 194 N.W. 74; People v. Keywell, 256 Mich. 139, 239 N.W. 288; People v. Hill, 236 Mich. 672, 211 N.W. 39; People v. Hoffmann, 142 Mich. 531, 105 N.W. 838; Knowles v. The People, 15 Mich......
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