People v. Syakovich, Docket No. 10146
| Decision Date | 02 April 1971 |
| Docket Number | Docket No. 10146,No. 1,1 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. William D. SYAKOVICH, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Carl Ziemba, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Arthur N. Bishop, Asst. Pros. Atty., for plaintiff-appellee.
Before McGREGOR, P.J., and BRONSON and DANHOF, JJ.
Defendant appeals as of right from a plea based conviction on the charge of assault with intent to rob and steal being armed, M.C.L.A. § 750.89 (Stat.Ann.1954 Rev. § 28.284). The people move to affirm.
Defendant claims that the trial court erred in accepting his plea for the reason that the interrogation of the trial judge did not show that the complainant was put in fear by the topy pistol used by the defendant in the hold-up.
Under the provisions of M.C.L.A. § 750.89 (Stat.Ann.1954 Rev. § 28.284), it is not necessary that the victim of an assault with intent to rob being armed be put in fear. That section provides:
The interrogation by the trial judge showed the defendant entered the store, pulled a toy pistol on the salesgirl, took the money from the cash register and left the store. Clearly the statements of the defendant are sufficient to justify the acceptance of a plea of guilty to the offense charged. There was no miscarriage of justice by the trial judge's acceptance of the plea. People v. Dunn (1968), 380 Mich. 693, 158 N.W.2d 404.
The motion to affirm is granted.
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...v. Carlson, 160 Mich. 426, 125 N.W. 361 (1910); Tinkler v. Richter, 295 Mich. 396, 295 N.W. 201 (1940); but see People v. Syakovich, 32 Mich.App. 356, 188 N.W.2d 642 (1971). An 'assault' requires that the victim be put in reasonable fear of immediate harm; 'force and violence' does not. A p......
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...of error is that putting in fear is not an element of the offense of assault with intent to rob while armed, People v. Syakovich, 32 Mich.App. 356, 188 N.W.2d 642 (1971), and accordingly defendant could not have been prejudiced by the trial judge's so-called interference. Moreover, on our r......
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...assault. To add support to its conclusion, the Supreme Court in Sanford cited an early Court of Appeals case, People v. Syakovich, 32 Mich.App. 356, 357, 188 N.W.2d 642 (1971). In Syakovich, the defendant brandished a toy pistol, pointed it at the sales clerk, and took money from the cash r......
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U.S.A v. Laferriere
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