People v. Rudder, Docket No. 6935
| Decision Date | 28 January 1970 |
| Docket Number | Docket No. 6935,No. 1,1 |
| Citation | 21 Mich.App. 201,175 N.W.2d 310 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Raymond RUDDER, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
John P. O'Neill, Blinstrub, O'Neill & Shannon, Detrit, for appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Wayne County, Angelo A. Pentolino, Asst. Pros. Atty., for appellee.
Before DANHOF, P.J., and FITZGERALD and McGREGOR, JJ.
Defendant was convicted by a jury on two counts. Count I was breaking and entering an occupied dwelling with intent to commit larceny, M.C.L.A. § 750.110 (Stat.Ann.1969 Cum.Supp. § 28.305), for which he was sentenced to a term of 2 1/2 to 15 years in prison. Count II was felonious assault, C.L.1948, § 750.82 (Stat.Ann.1962 Rev. § 28.277), for which he was sentenced to a term of 2 1/2 to 4 years in prison. The sentences are to run concurrently.
On appeal defendant alleges (1) that the verdict on Count I was against the weight of the evidence; (2) that the prosecutor's statement in final argument that fingerprints could not be taken from a knife's rough surface was prejudicial in that no testimony to support this statement appeared in the record; (3) that the prosecutor's reference in final argument to defendant's silence at the time of his arrest about his alibi witnesses thwarted defendant's constitutional right to remain silent; (4) and that testimony regarding blood stains, buttons, and a radio was inadmissible because it was the result of an illegal arrest, search and seizure.
Examination of the record reveals that during the trial no objection was made to the prosecutor's final argument, nor was objection made to the admission of the buttons or radio. Indeed, the radio was defendant's own exhibit number 1, and defense counsel specifically stated he had no objection to the admission of the buttons. Defendant did object to testimony that certain stains were blood, and the trial court sustained this objection. Defendant is untimely in raising issues 2, 3, and 4, and we so hold. People v. Smith (1969), 16 Mich.App. 198, 167 N.W.2d 832; Laughlin v. United States (9 Cir., 1969), 411 F.2d 1224; People v. Childers (1969), 20 Mich.App. 639, 174 N.W.2d 565.
Defendant's contention that the verdict on Count I was against the weight of the evidence is without...
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