People v. Stockard, 55240
| Decision Date | 18 April 1974 |
| Docket Number | No. 55240,55240 |
| Citation | 219 N.W.2d 68,391 Mich. 481 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Phillip STOCKARD, Defendant-Appellant. |
| Court | Michigan Supreme Court |
John B. Phelps, Detroit, for defendant-appellant.
Donald A. Kuebler, Flint, for plaintiff-appellee.
Before THOMAS M. KAVANAGH, C. J., and KAVANAGH, SWAINSON, WILLIAMS, LEVIN, COLEMAN and FITZGERALD, JJ.
Before the Entire Bench.
On order of the Court the application by defendant and appellant for leave to appeal is considered and the same is hereby granted. The Court on its own motion, pursuant to GCR 1963, 853.2(4) summarily affirms the defendant's conviction. The Court of Appeals is clearly in error, however, in holding that defendant per se is precluded from assigning as error on appeal a failure to grant a motion for change of venue because defendant failed to exhaust all peremptory challenges.
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People v. Partee
...We agree with defendant that the failure to exhaust peremptory challenges does not waive an objection to venue. People v. Stockard, 391 Mich. 481, 219 N.W.2d 68 (1974). However, the fact that that defendant exercised only 15 of his 20 challenges suggests that the defendant was able to impan......
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...error on appeal, it is a factor to be considered in showing that the jury was satisfactory when finally impaneled. People v. Stockard, 391 Mich. 481, 219 N.W.2d 68 (1974). Finally, all of the jurors stated, without reservation, that they could lay aside their impressions or opinions about t......
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...failure to exercise all Harrell's peremptory challenges does not waive his right to raise this issue on appeal. Cf. People v. Stockard, 391 Mich. 481, 219 N.W.2d 68 (1974). To say to a litigant who unsuccessfully sought more extensive Voir dire than was allowed that his failure to exercise ......