People v. Rastall, Docket No. 4728
| Decision Date | 26 November 1969 |
| Docket Number | Docket No. 4728,No. 2,2 |
| Citation | 174 N.W.2d 33,20 Mich.App. 264 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Thomas Eugene RASTALL, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Sanford M. Kesten, Flint, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Solicitor Gen., Lansing, Robert F. Leonard, Pros. Atty., Donald A. Kuebler, Asst. Pros. Atty., Genesee County, Flint, for plaintiff-appellee.
Before LEVIN, P.J., and T. M. BURNS and DANHOF, JJ.
On June 6, 1967, defendant was convicted of armed robbery after a nonjury trial. C.L.S.1961, § 750.529 (Stat.Ann.1969 Cum.Supp. § 28.797).
The only issue on appeal is whether the trial judge abused his discretion by denying defense counsel's motion for a second continuance made on the day of trial.
The Michigan Supreme Court has repeatedly held that granting or refusing applications for continuances is within the discretion of the trial court, and unless it is shown that his discretion was abused his action will not be reversed, People v. Burby (1922), 218 Mich. 46, 187 N.W. 359. See also People v. Knox (1961), 364 Mich. 620, 111 N.W.2d 828; C.L.1948, § 768.2 (Stat.Ann.1954 Rev. § 28.1025); GCR 1963, 503.
It is clear from the record in this case that there was no abuse of discretion by the trial court.
Affirmed.
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