People v. Kobrzycki
| Decision Date | 14 February 1928 |
| Docket Number | No. 123.,123. |
| Citation | 217 N.W. 782,242 Mich. 44 |
| Parties | PEOPLE v. KOBRZYCKI. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Macomb County; Neil E. Reid, Judge.
Antonia Kobrzycki was convicted of murder, and she brings error. Affirmed.
Argued before the Entire Bench, except FLANNIGAN, C. J.Jankowski & Chamski, of Detroit, for appellant.
William W. Potter, Atty. Gen., and James E. Spier, Pros. Atty., and John E. Merrill, Asst. Pros. Atty., both of Mt. Clemens, for the People.
Defendant was charged with murder. She pleaded guilty, and the court made investigation pursuant to section 15830, Comp. Laws 1915, after plea (People v. Merhige, 212 Mich. 601, 180 N. W. 418), and became satisfied that the plea had been made freely, with full knowledge of the nature of the accusation, and without undue influence. The court made further inquiry to determine degree of guilt. On December 31, 1926, defendant was sentenced to Detroit House of Correction for life. Motion to vacate judgment and plea and for a new trial was filed on March 30, 1927.
Defendant assigns error on the denial of the motion. She and her husband and children lived in Warren, McComb county. In the front part of the dwelling the husband conducted a grocery. Adjoining was a barber shop of Alexander Miller.
It appears by the record now before us that Miller began having sexual intercourse with defendant early in 1926. Later, fearing the wrath of defendant's husband, and desiring freedom of action, they decided to kill him. In the night of December 15, 1926, while the husband was sleeping, Miller shot and killed him, and in this crime he was aided and assisted by defendant. Both are principals. Miller confessed, and pleaded guilty to the charge of murder. So did defendant. After accepting the pleas, the court received full detailed statements and testimony from both, respecting the plea and the crime. Both testified again of the crime in the hearing by the court to determine degree of guilt. The confessions also are in the record.
The grounds of the defendant's motion, supported chiefly by her affidavit and that of Miller, are that she is not guilty of the crime charged, and that she confessed and pleaded while under the dominating influence of Miller; that she is ignorant, ‘unable adequately to understand and speak the English language’ and that Miller persuaded her to plead guilty. The record is singularly complete. The testimony of defendant and Miller, taken after plea relating to the plea and the crime, covers 34 pages of the...
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People v. Taylor
...People v. Williams, 225 Mich. 133, 195 N.W. 818 (1923); People v. Taylor, 383 Mich. 338, 175 N.W.2d 715 (1970); 2 People v. Kobrzycki, 242 Mich. 44, 217 N.W. 782 (1928). 3 See also People v. Bumpus, 355 Mich. 374, 95 N.W.2d 854 (1959) where there was both the question of voluntariness of th......
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People v. Goldman
...610, was of like purport. The record before us is much more like People v. Williams, 225 Mich. 133, 195 N. W. 818, and People v. Kobrzycki, 242 Mich. 44, 217 N. W. 782, than any Michigan cases that have been called to our attention. Courts quite generally agree that, in the absence of a con......
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People v. Wilkins, 691
...of a plea rests within the sound discretion of the court. People v. Williams (1923), 225 Mich. 133, 195 N.W. 818; People v. Kobrzycki (1928), 242 Mich. 44, 217 N.W. 782; People v. Skropski (1940), 292 Mich. 461, 290 N.W. 869; People v. Vasquez (1942), 303 Mich. 340, 6 N.W.2d 538; People v. ......
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People v. Crane, 89.
...that she was not guilty, and that she confessed while under his dominating influence, was properly denied.’ People v. Kobrzycki, syllabus, 242 Mich. 44, 217 N.W. 782. In each of these four cases we held that, in view of the trial court's investigation respecting the nature of the case and t......