People v. Markunas, Docket No. 7565

• Decision Date: 01 May 1970
• Docket Number: Docket No. 7565,No. 2,2
• Citation: 179 N.W.2d 257,23 Mich.App. 616
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James W. MARKUNAS, Defendant-Appellant
• Court: Court of Appeal of Michigan — District of US

Page 257

179 N.W.2d 257

23 Mich.App. 616

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James W. MARKUNAS, Defendant-Appellant.

Docket No. 7565.

Court of Appeals of Michigan, Division No. 2.

May 1, 1970.

Released for Publication Sept. 11, 1970.

James T. Lafferty, Lafferty, Reosti, Jabara & Papakhian, Detroit, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Thomas G. Plunkett, Jr., Pros. Atty., for plaintiff-appellee.

Before QUINN, P.J., and FITZGERALD and J. H. GILLIS, JJ.

PER CURIAM.

Father James Markunas was arrested while taking part in a peaceful demonstration on April 7, 1968, following the death of the Rev. Martin Luther King, Jr. He was charged with violation of an executive order of Governor George Romney, dated April 5, 1968 which prohibited meetings or assemblies of more than three persons unless permission was secured from the Director of State Police. He was convicted in Royal Oak Municipal Court and sentenced on May 27, 1968, to pay a $100.00 fine or serve 20 days in jail.

Father Markunas appealed to Oakland County Circuit Court where, following trial De novo without a jury, he was again convicted. He was sentenced on April 15, 1969 to pay a fine of $100.00 and costs of $25.00 or serve 30 days in jail. On June 10, 1969, defendant filed a claim of appeal in this court.

The judgment appealed from was not appealable as of right; an appeal from a municipal court conviction and sentence may be taken only by appeal to circuit court, and further review may be had only upon application for leave to appeal granted by the Court of Appeals. M.C.L.A. § 600.308 (Stat.Ann.1969 Cum.Supp. § 27A.308); GCR 1963, 806, as amended February 13, 1969, 381 Mich. lxxvii-lxxviii.

No application for leave to appeal was filed in this case, and this Court is without jurisdiction to entertain this appeal. See Dearborn v. Pulte-Strang, Inc. (1968), 12 Mich.App. 161, 162 N.W.2d 489; Earp v. City of Detroit (1968), 11 Mich.App. 659, 162 N.W.2d 120; Hope v. Weiss (1968), 12 Mich.App. 404, 162 N.W.2d 921.

'When a court is without jurisdiction of the subject matter, any action with respect to such a cause, other than to dismiss it, is absolutely void.' Fox v. Board of Regents (1965), 375 Mich. 238, 242, 134 N.W.2d 146, 148; People v. Smith (1969), 16 Mich.App. 606, 168 N.W.2d 449; Chevrolet Local Union No. 659 v. Reliance Insurance Company (1970), 20 Mich.App. 123, 174 N.W.2d 924; Standard Building Products Co. v. Woodland Building Co., 1 Mich.App. 434, 136 N.W.2d 744; Solner Investment Co. v. Thoms (1966...