People v. Koontz, Docket No. 8023
| Decision Date | 03 June 1970 |
| Docket Number | Docket No. 8023,No. 2,2 |
| Citation | 24 Mich.App. 336,180 N.W.2d 202 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James P. KOONTZ, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Ronald A. Goldstein, James C. Kotwick, Sterling Heights, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., George N. Parris, Pros. Atty., Thaddeus F. Hamera, Chief Appellate Counsel, Stephen F. Osinski, Asst. Pros. Atty., for plaintiff-appellee.
Before DANHOF, P.J., and McGREGOR and QUINN, JJ.
Defendant with retained counsel was tried by the court sitting without a jury and found guilty on the charge of attempted breaking and entering with intent to commit a felony contrary to M.C.L.A. § 750.110 (Stat.Ann.1970 Cum.Supp. § 28.305 and M.C.L.A. § 750.92 (Stat.Ann.1962 Rev. § 28.287).
On appeal it is contended that the evidence was insufficient to support the verdict of guilty beyond a reasonable doubt. Second, it is alleged that the lower court erred in allowing defendant to be cross-examined relative to previous felony convictions. The people have filed a motion to affirm the conviction.
A complete review of the entire lower court record leaves no doubt that the evidence was sufficient to support the verdict. Moreover, the defendant having taken the witness stand, his credibility was in issue. Evidence of prior convictions is admissible for this purpose. M.C.L.A. § 600.2158 (Stat.Ann.1962 Rev. § 27A.2158); People v. Roney (1967), 7 Mich.App. 678, 683, 153 N.W.2d 175. The questions presented are unsubstantial.
The motion to affirm is granted.
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