People v. McDonald

• Decision Date: 22 April 1969
• Docket Number: No. 2,Docket No. 5297,2
• Citation: 169 N.W.2d 148,17 Mich.App. 88
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Paul M. McDONALD, Defendant-Appellant
• Court: Court of Appeal of Michigan — District of US

Page 148

169 N.W.2d 148

17 Mich.App. 88

PEOPLE of the State of Michigan, Plaintiff-Appellee, v.Paul M. McDONALD, Defendant-Appellant.

Docket No. 5297.

Court of Appeals of Michigan, Division No. 2.

April 22, 1969.

Released for Publication July 24, 1969.

Douglas A. Chartrand, Smith & Magnusson, Pontiac, for defendant-appellant.

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

Before HOLBROOK, P.J., and FITZGERALD and T. M. BURNS, JJ.

PER CURIAM.

Paul M. McDonald was convicted of first-degree murder by jury in Oakland county circuit court.C.L.1948, § 750.316(Stat.Ann.1954 Rev. § 82.548).He was sentenced to life imprisonment on February 13, 1968.During trial, motion for mistrial was made on the basis that certain proposed pictorial exhibits had been seen by some of the jurors while in the hands of a witness.The motion was denied, and some of the pictures were admitted into evidence, while one was rejected.

On appeal the sole claim of error is that denial of the motion for mistrial was an abuse of discretion.The people have filed a brief and a motion to affirm.

After reviewing the briefs of the parties, the motion to affirm, and the trial record, we have concluded that the record does not show affirmatively facts upon which an inference of prejudice may be based.A mistrial should not be declared in consequence of any mere irregularity which is not prejudicial to the rights of defendant.People v. Qualls(1968), 9 Mich.App. 689, 693, 158 N.W.2d 60.Alleged errors in the conduct of the trial will not be reviewed...