People v. Pollard

• Decision Date: 22 March 1972
• Docket Number: No. 1,Docket No. 10946,1
• Citation: People v. Pollard, 197 N.W.2d 546, 39 Mich.App. 291 (Mich. App. 1972)
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Eugene POLLARD, Defendant-Appellant
• Court: Court of Appeal of Michigan

Page 546

197 N.W.2d 546

39 Mich.App. 291

PEOPLE of the State of Michigan, Plaintiff-Appellee, v.Eugene POLLARD, Defendant-Appellant.

Docket No. 10946.

Court of Appeals of Michigan, Division No. 1.

March 22, 1972.

Released for Publication May 25, 1972.

Cornelius Pitts, Detroit, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol.Gen., William L. Cahalan, Pros.Atty. Dominick R. Carnovale, Chief, Appellate Div., Thomas P. Smith, Asst. Pros.Atty., for plaintiff-appellee.

Before LEVIN, P.J., and V. J. BRENNAN and VanVALKENBURG, ^* JJ.

LEVIN, Presiding Judge.

The defendant, Eugene Pollard, appeals his conviction of leaving the scene of a fatal automobile accident.M.C.L.A. § 257.617;M.S.A. § 9.2317.

The assignments of error concern (1) the cross-examination of the defendant--who took the stand in his own defense--concerning his prior conviction record; and (2)the prosecutor's closing arguments.

As a general proposition, the prior conviction record of a witness-- including a defendant in a criminal case who takes the stand to testify in his own behalf--is admissible to impeach his credibility.In this casethe defendant's trial lawyer brought out on direct examination that the defendant had previously been arrested and convicted of crime.In contrast with People v. Farrar, 36 Mich.App. 294, 306, 193 N.W.2d 363(1971), in this case the trial judge was not asked to exclude, in the exercise of discretion, reference to the defendant's conviction record.

Nor do we find, on careful examination of the closing arguments, any merit in the contention that the prosecutor appealed to passion or prejudice in his closing arguments.

Affirmed.

*WADE VanVALKENBURG, former Circuit...