People v. Stubbs, Docket No. 4033
| Decision Date | 31 December 1968 |
| Docket Number | No. 2,Docket No. 4033,2 |
| Citation | 166 N.W.2d 477,15 Mich.App. 453 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Leon STUBBS and Charles Shumpert, Defendants-Appellants |
| Court | Court of Appeal of Michigan — District of US |
Robert A. Grimes, Flint, for appellants.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Robert F. Leonard, Pros. Atty., Genesee County, Donald A. Kuebler, Asst. Pros. Atty., Genesee County, Flint, for appellee.
Before KAVANAGH, P.J., and QUINN and MILLER *, JJ.
March 9, 1967, defendants were convicted by jury verdict of the offense of resisting an officer contrary to C.L.1948, § 750.479 (Stat.Ann.1954 Rev. § 28.747). Thereafter they were sentenced and they appeal.
The pertinent language of the statute is:
'Any person who shall knowingly and willfully obstruct, resist or oppose any sheriff or other officer authorized by law to maintain and preserve the peace, in their lawful acts, attempts and efforts to maintain, preserve and keep the peace, shall be guilty * * *.'
The pertinent language of the information is:
'Did knowingly, unlawfully and willfully obstruct, restrict and oppose police officers lawfully performing their authorized duties and in particular: did resist and oppose the lawful arrest of Augusta Braswell for carrying a concealed weapon by Jack Fisher, Wayne Hillier and Patrick Sweet, duly authorized police officers of the city of Flint and did make threats of violence to said police officers, did incite others to obstruct, resist, and oppose the lawful acts of the said police officers.'
The relevant facts are: shortly after midnight on July 17, 1966, the owner and operator of a bar in Flint telephoned the Flint police headquarters and reported a female patron was on the dance floor of the establishment brandishing a pistol. The 3 police officers named above went to the scene to apprehend the woman. At the bar, one of the officers located the woman described to them as the one brandishing the pistol, and one of them asked her to step outside for questioning. She refused to do so and immediately became animated and belligerent. When the officers attempted to remove her, patrolman Sweet was grabbed on the shoulder by Stubbs, who demanded to know why the officers were arresting Miss Braswell without a policewoman present and stated that the officers had no right to look in her purse. Miss Braswell was eventually taken outside, where a crowd had gathered. While trying to clear the way for the other 2 officers and Miss Braswell, officer Sweet was confronted by Shumpert, who attempted to push Sweet out of the way. Sweet ordered Shumpert to return to the sidewalk and Shumpert replied 'fuck you, cops * * * you think Chicago was bad, wait 'til we get through with you'.
The size of the crowd increased and the owner of the bar telephoned police headquarters for more help. Stubbs and Shumpert...
To continue reading
Request your trial
-
People v. Philabaun, Docket No. 114405.
...v. Davis, 209 Mich.App. 580, 582, 531 N.W.2d 787 (1995). 6. Id., 209 Mich.App. at 583, 531 N.W.2d 787. 7. People v. Stubbs, 15 Mich.App. 453, 455-456, 166 N.W.2d 477 (1968). 8. People v. Kelley, 78 Mich.App. 769, 772-773, 260 N.W.2d 923 9. People v. Landrie, 124 Mich.App. 480, 483, 335 N.W.......
-
People v. Philabaun
...technician as one of the defendants did in Davis. The district court, in its decision to dismiss the charge, cited People v. Stubbs, 15 Mich.App. 453, 166 N.W.2d 477 (1968). In Stubbs, this Court stated that "[t]here is sufficient obstruction, resistance or opposition if there be threatened......
-
People v. Combs
... ... Dewey COMBS, Defendant-Appellant ... Docket No. 3609 ... Court of Appeals of Michigan, Division No. 2 ... Dec. 31, 1968 ... Released for ... ...
-
People v. Lofton
...Before KAVANAGH, P.J., and QUINN and MILLER *, JJ. QUINN, Judge. The facts of this case may be found in People v. Stubbs and Shumpert (1968), 15 Mich.App. 453, 166 N.W.2d 477. Defendant in this case was charged with the same offense as were Stubbs and Shumpert, but this defendant chose to b......