People v. Street, 94.
| Decision Date | 04 April 1939 |
| Docket Number | No. 94.,94. |
| Citation | 284 N.W. 926,288 Mich. 406 |
| Parties | PEOPLE v. STREET. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Robert W. Street was convicted of statutory rape, and he appeals.
Judgment reversed and new trial ordered.
Appeal from Circuit Court, Shiawassee County; Joseph H. Collins, judge.
Argued before the Entire Bench.
Pliny W. Marsh, of Detroit, for appellant.
Raymond W. Starr, Atty. Gen., and V. O. Braun, Pros. Atty., of Owosso, for Shiawassee County, for the People.
Defendant was convicted of statutory rape. When the case was reached for trial, defendant on motion was permitted to substitute a plea of guilty for one of not guilty. According to the affidavits of respondent's former counsel and his present counsel, filed in support of a motion for a new trial, defendant was advised that because of his non-residence in that city of Owosso, where the crime was alleged to have been committed, and also because of the residence of the complaining witness in Owosso and the effect of her testimony on the local jury on a charge of this nature, he would probably be convicted and that a much severer sentence would follow than if he pleaded guilty. Pursuant to such advice and notwithstanding his protestation of innocence, he withdrew his plea of not guilty and entered one of guilty. However, a few days later, after consultation with his present counsel, he requested that he be permitted to withdraw his plea of guilty and reinstate or substitute one of not guilty. This request was subsequently granted and the case continued over the term. No record of this proceeding appears except the calender entry of September 20, 1937, which reads: ‘Entered plea not guilty.’
The case came on for trial sometime later and in his opening statement the prosecutor stated to the jury that testimony would show that a date was set for the trial and that at such date defendant pleaded guilty. Defendant's counsel immediately asked that, because of the statement of the prosecutor, the court declare a mistrial. The court denied the motion. The jury was thereupon excused and a colloquy ensued between court and counsel. The court again refused to declare a mistrial but, when the jury was recalled, instructed the jury that they were not to consider whether defendant did or did not plead guilty, that if he did plead guilty, he had a perfect right to withdraw such plea, that the former plea should not prejudice the jury in any way and that defendant had a right to a fair trial on the evidence that would be introduced.
Under 3 Comp.Laws 1929, § 17328, Stat.Ann. § 28.1058, when any person pleads guilty, it shall be the duty of the judge to investigate all the circumstances of the plea and ascertain whether it was freely made, with the full knowledge of the nature of the accusation, and without undue influence. If the judge has reason to doubt the truth of such plea of guilty, it becomes his duty sua sponte to vacate it and direct a plea of not guilty to be entered and order a trial of the issued thus formed.
No question is raised as to defendant's right to withdraw his plea of guilty prior to trial and to substitute one of not guilty. People v. Pisoni, 233 Mich. 462, 206 N.W. 986;People v. Piechowiak, 278 Mich. 550, 270 N.W. 783;People v. Wexner, 280 Mich. 696, 274 N.W. 371. The entry of the latter plea must be held, consequently, to have eradicated the formerplea which thereupon stood for naught. Kercheval v. United States, 274 U.S. 220, 47 S.Ct. 582, 71 L.Ed. 1009.
The former plea should never have been commented on by the prosecutor. In People v. Gould, 70 Mich. 240, 38 N.W. 232,14 Am.St.Rep. 493, it was held not to have been error to show defendant's...
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People v. Conte
...While it is true that evidence of a previously withdrawn plea of guilty was inadmissible prior to the adoption of MRE 410, People v. Street, 288 Mich. 406, 284 N.W. 926 (1939), People v. Lombardo, 301 Mich. 451, 3 N.W.2d 839 (1942), People v. MacCullough, 281 Mich. 15, 274 N.W. 693 (1937), ......
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People v. Jones
...with prior Michigan law holding inadmissible at a subsequent trial a plea of guilty which was later withdrawn. People v. Street, 288 Mich. 406, 284 N.W. 926 (1939); People v. Trombley, 67 Mich.App. 88, 240 N.W.2d (1976). In People v. George, 69 Mich.App. 403, 245 N.W.2d 65 (1976), the Court......
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State v. Gary
...through the actions of the prosecuting attorney. Cf. State v. Reardon, 245 Minn. 509, 511-12, 73 N.W.2d 192 (1955); People v. Street, 288 Mich. 406, 409, 284 N.W. 926 (1939); State v. Boone, supra, 66 N.J. at 50, 327 A.2d 661; Frantz v. State, 70 Okl.Crim.App. 214, 226, 105 P.2d 561 (1940).......
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DeChristoforo v. Donnelly
...so do most states. E. g., Ely v. Haugh, Iowa, 1969, 172 N.W.2d 144; State v. Joyner, 1955, 228 La. 927, 84 So.2d 462; People v. Street, 1939, 288 Mich. 406, 284 N.W. 926; State v. Reardon, 1955, 245 Minn. 509, 73 N.W.2d 192; People v. Spitaleri, 1961, 9 N.Y.2d 168, 212 N.Y.S.2d 53, 173 N.E.......