People v. Londe

• Decision Date: 03 April 1925
• Docket Number: No. 126.,126.
• Citation: 230 Mich. 484,203 N.W. 93
• Parties: PEOPLE v. LONDE et al.
• Court: Michigan Supreme Court

230 Mich. 484

203 N.W. 93

PEOPLE

v.LONDE et al.

No. 126.

Supreme Court of Michigan.

April 3, 1925.

Error to Recorder's Court of Detroit; Thomas M. Cotter, Judge.

Isadore Londe, alias Morris Katz, was convicted of assault and robbery while armed with a dangerous weapon, with intent to kill or maim, if resisted, and he brings error. Affirmed.

Argued before McDONALD, C. J., and CLARK, BIRD, SHARPE, MOORE, STEERE, FELLOWS, and WIEST, JJ. Colombo, Colombo & Colombo, of Detroit, for appellant.

Andrew B. Dougherty, Atty. Gen., and Robert M. Toms, Pros. Atty., and Frank B. Ferguson, Asst. Pros. Atty., both of Detroit, for the People.

McDONALD, C. J.

The defendant was convicted in the recorder's court for the city of Detroit under an information charging him with the crime of assault and robbery while armed with a dangerous weapon with intent to kill or maim if resisted. The case is in this court on writ of error.

The people's testimony tends to show that on March 10, 1924, at about 1:15 o'clock in the afternoon, the defendant and two other men went to the store of one John Kay, who conducts a jewelry business on the second floor of the Book Building on Washington boulevard, in the city of Detroit. Kay was alone at the time. One of the men covered him with a revolver and ordered him to hold up his hands. They then took his diamond scarfpin, about $58 in money from his pockets, and gathered up diamonds and jewelry of the value of $10,500, which they put into a brown bag and took away with them. Before leaving they bound and gagged Kay and threw him on the floor. Two days later the defendant and three others were taken into custody on another charge. They were in a Buick coupé. After giving a satisfactory explanation to the officers, the defendant and two of the men were released. The other was held. After defendant's release the Buick coupé was searched, and in it was found certain articles of jewelry which were later identified by Mr. Kay as belonging to him. Subsequently the defendant was arrested as he was coming out of the apartment in which he resided. In his rooms the officers found a revolver, a brown bag, and a diamond bracelet. The bag and bracelet were identified by Mr. Kay.

The defense was an alibi. The record presents the following questions:

1. Did the court err in denying the motion to supress evidence obtained by the officers in searching defendant's rooms without a search warrant? This court has held that a trial will not be stayed for the purpose of determining whether certain evidence has been illegally obtained; that the question raises a collateral matter and must be timely raised by motion in accordance with circuit court rule No. 15, which requires that a copy of the motion, together with notice of argument, shall be served on opposing counsel at least four days prior to the date set for hearing. People v. Vulje, 223 Mich. 656, 194 N. W. 582;People v. Boyd, 228 Mich. 57, 199 N. W. 662.

This motion was not made until after the case was called and the jury was about to be impaneled. No notice was given the prosecuting attorney, and no service as required by the rule. The motion was properly denied.

2. Did the court err in refusing to allow Arthur Ryckman, the police officer who arrested the defendant, to answer the following question:

‘Did you have reasonable grounds to believe that the defendant, when you first saw him and before you went into the apartment, had anything to do with the Kay robbery?’

It was the view of the trial court that the witness was not required to give his conclusions as to what constituted reasonable grounds, but that he might state his reasons for making the arrest. The following statement of the witness...