People v. Mack, Docket No. 4422
| Decision Date | 26 January 1970 |
| Docket Number | No. 1,Docket No. 4422,1 |
| Citation | 174 N.W.2d 857,21 Mich.App. 96 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jerry MACK, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Kenneth A. Webb, Troy, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Solicitor Gen., Lansing, William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Angelo A. Pentolino, Asst. Pros. Atty., Wayne County, Detroit, for plaintiff-Appellee.
Before LESINSKI, C.J., and J. H. GILLIS and GUINN, JJ.
Defendant was convicted by a jury and sentenced for armed robbery, M.C.L.A. § 750.529 (Stat.Ann.1969 Cum.Supp. § 28.797). On appeal, defendant contends that the police lineup procedure was so unfair that it violated his right to due process under U.S.Const. Am. 14.
The test for the resolution of this contention as announced in Stovall v. Denno (1967), 388 U.S. 293, 87 S.Ct.1967, 18 L.Ed.2d 1199) and reiterated in Foster v. California (1969), 394 U.S. 440, 89 S.Ct. 1127, 22 L.Ed.2d 402, is whether, based on the totality of the circumstances, the conduct of identification procedures is so unnecessarily suggestive and conducive to irreparable mistaken identification as to be a denial of due process of law.
Complainant was a bus driver who was robbed by two men, one of whom held a gun on complainant. The lineup under attack occurred a few hours after the crime. Prior to viewing the lineup, complainant was told that two men had been picked up, and that one of them had a roll of coins in his possession when picked up. Additionally, defendant and the robber each had a facial scar.
The lineup consisted of six men. There is no showing that defendant was taller than or dressed differently from the others, nor that defendant was singled out as , which complainant identified as being taken from him.
On the totality of the circumstances, we are not persuaded that this lineup was so unnecessarily suggestive and conducive to irreparable mistaken identification as to deny defendant due process of law. Foster v. California, Supra, on which defendant relies, is so factually different from the case before us that...
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People v. Holmes
...People v. Taylor, 24 Mich.App. 321, 180 N.W.2d 195 (1970); People v. Hughes, 24 Mich.App. 223, 180 N.W.2d 66 (1970); People v. Mack, 21 Mich.App. 96, 174 N.W.2d 857 (1970). On appeal, we have also reviewed exhibit two which is a photograph of the lineup and observe that the lineup was not i......
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People v. Horton, Docket No. 78-5093
...the selection of any of the other lineup participants and that lack of precautions to cover such scar was error. In People v. Mack, 21 Mich.App. 96, 174 N.W.2d 857 (1970), we found in an analogous situation that presence of a scar was not enough to vitiate the lineup identification procedur......
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People v. Fletcher
...suggestive and conducive to irreparable mistaken identification' as to be a denial of due process of law. People v. Mack, 21 Mich.App. 96, 97, 174 N.W.2d 857, 858 (1970). In the instant case, we do not find the above conditions The meritorious issue in this appeal arose out of the cross-exa......