People v. Reed
| Decision Date | 19 April 1965 |
| Docket Number | No. 2,No. 226,226,2 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Herbert REED, Defendant-Appellant. Cal |
| Court | Court of Appeal of Michigan — District of US |
William F. Goler, Jackson, for appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, James G. Fleming, Pros, Atty., Jackson County, Jackson, for appellee.
Before KAVANAGH, P. J., and QUINN and McGREGOR, JJ.
The appellant was arraigned on an information charging him with murder.
The trial court informed him of the charge and advised him that he was entitled to a jury trial and to be represented by counsel at the state's expense. At appellant's request the court appointed counsel and then adjourned the arraignment.
Approximately one and one-half hours later the appellant's counsel, in the appellant's presence, advised the court that the appellant wished to waive the reading of the information which charged murder and to enter a plea of guilty to a charge of murder in the second degree.
The court thereupon questioned the appellant who affirmed what his counsel had stated and after questioning the court about the effect of the plea, told the court that he was pleading guilty to murder in the second degree freely, voluntarily, of his own choice, without threats or promises having been made to him.
After further examination respecting appellant's age, marital status, the homicide itself, his criminal record, residence and prior employment, the court accepted the plea and sentenced the appellant to lief in prison.
The appellant maintains that the trial court did not inform him of the nature of the accusation, or the consuquence of his plea of guilty after such plea but before sentence. He says that the plea was not freely and voluntarily made with the full knowledge of the nature of the accusation and that the statements made by him do not constitute a full, free and unqualified plea of guilty.
All of the claims of the appellant can be considered as one to the effect that the trial court did not observe the requirements of Court Rule No. 35-A, § 2 (1945) and C.L.1948, 768.35 (Stat.Ann.1954 Rev. § 28.1058) as to investigation before sentencing, after a plea of guilty.
The court rule and statute were considered in the cases of People v. Bumps (1959), 355 Mich. 374, 94 N.W.2d 854 and People v. Barrows (1959), 358 Mich. 267, 99 N.W.2d 347, and the trial judge's responsibility thereunder...
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