People v. Reid, 121.
| Decision Date | 10 December 1940 |
| Docket Number | No. 121.,121. |
| Citation | 295 N.W. 317,295 Mich. 572 |
| Parties | PEOPLE v. REID. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Clyde Reid was convicted of the crime of striking a pedestrian with defendant's automobile and knowingly and willfully failing to stop at the scene of the accident, and he appeals.
Reversed and new trial granted.
Appeal from Recorder's Court for City of Detroit, Traffic and Ordinance Division; Thomas F. Maher, Judge.
Argued before the Entire Bench.
Nicholas V. Olds, of Detroit, for appellant.
Thomas Read, Atty. Gen., of Michigan, and Paul W. Voorhies, Pros. Atty. for Wayne County, and William L. Brunner and Richard V. Nahabedian, Asst. Pros. Attys., all of Detroit, for Wayne County, for the People.
In the recorder's court for the city of Detroit defendant was convicted of the crime of striking a pedestrian with his automobile and knowingly and wilfully failing to stop at the scene of the accident, give his name, address, and registration number of his car and render reasonable assistance to the person so struck and injured. Upon examination before a magistrate defendant was held for trial. In the trial court defendant moved to quash the information on the ground the evidence before the magistrate was insufficient to hold him for trial.
Two days after the accident defendant at the prosecutor's office stated that, at about the time and place alleged, his car struck a pedestrian.
It is contended that such statement could not be used in establishing the corpus delicti. The corpus delicti, or commission of the crime by some one, was fully established by testimony aliunde and defendant's statement was properly received in identifying him as the offender. There was no merit in the motion to quash the information.
Trial was by jury, rulings on evidence have been examined and, while some are open to criticism, and can well be avoided upon retrial, we pass to objections and rulings upon the prosecutor's closing argument to the jury along the wholly improper line of negligent homicide and sanctioned by the court.
We quote:
‘Mr. Nahabedian (The Prosecutor): And that something they are charged with doing is the killing of a human being, which in itself is no light or small matter, nor is it a langhing matter.
‘I don't think any one will dispute me that every individual in this world is entitled to live and not be struck down and left dying.
‘Mr. Olds (Counsel for Defendant): We are not charged with negligent homicide here, and I consider the act of counsel on that point is highly prejudicial.
‘The Court: You know he can draw any reasonable inference from the testimony.
‘Mr. Olds: We are not considering whether it is right or wrong to hit this man.
‘Mr. Nahabedian: It is part of the proofs to show the man was struck.‘Mr. Olds: Very well, he is going beyond that.
‘The Court: I see nothing prejudicial for the moment.
‘Mr. Nahabedian: Just as much as Mr. Reid so eagerly treasures his freedom, and his right to breathe the free air, so did Eugene Bickes have the right to...
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People v. Asta
...Meadows after their arrest would have been admissible, as against them, to establish their connection with the conspiracy. People v. Reid, 295 Mich. 572, 295 N.W. 317; People v. Campbell, 301 Mich. 670, 4 N.W.2d 51, 52. In the case last cited it was 'The testimony before the magistrate is i......
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People v. Sparks
...well-accepted that this rule applies to a preliminary examination. People v. Asta, 337 Mich. 590, 60 N.W.2d 472 (1953); People v. Reid, 295 Mich. 572, 295 N.W. 317 (1940); People v. White, 276 Mich. 29, 267 N.W. 777 (1936); Peterson v. Oceana Circuit Judge, 243 Mich. 215, 219 N.W. 934 (1928......
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People v. Randall, Docket Nos. 12511--12514
...well-accepted that this rule applies to a preliminary examination. People v. Asta, 337 Mich. 590, 60 N.W.2d 472 (1953), People v. Reid, 295 Mich. 572, 295 N.W. 317 (1940), People v. White, 276 Mich. 29, 267 N.W. 777 (1936), Peterson v. Oceana Circuit Judge, 243 Mich. 215, 219 N.W. 934 (1928......
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