People v. Sykes, Docket No. 53048

• Court: Court of Appeal of Michigan (US)
• Writing for the Court: PER CURIAM
• Citation: 117 Mich.App. 117,323 N.W.2d 617
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Tommie Lee SYKES, Jr., Defendant-Appellant. 117 Mich.App. 117, 323 N.W.2d 617
• Docket Number: Docket No. 53048
• Decision Date: 01 September 1982

Page 617

323 N.W.2d 617 PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
Tommie Lee SYKES, Jr., Defendant-Appellant. Docket No. 53048.
117 Mich.App. 117, 323 N.W.2d 617 Court of Appeals of Michigan. Submitted Dec. 3, 1981.
Decided June 9, 1982.
Released for Publication Sept. 1, 1982.

Page 618

[117 MICHAPP 118] Frank J. Kelley, Atty. Gen., [117 MICHAPP 119] Louis J. Caruso, Sol. Gen., James J. Gregart, Pros. Atty., and James A. Christopherson, Asst. Pros. Atty., for the People.

Page 619

DeVries & Lamb, P.C., Kalamazoo, for defendant on appeal.

Before BEASLEY, P. J., and CAVANAGH and BREIGHNER, ^* JJ.

PER CURIAM.

Following a jury trial, defendant was convicted of felonious assault, in violation of M.C.L. Sec. 750.82; M.S.A. Sec. 28.277. Defendant was fined, assessed attorney's fees and placed on probation for three years, the first 60 days of which were to be served in the Kalamazoo County Jail on a work release program. Defendant was released on a post-conviction bond and now appeals by right.

Defendant first argues that the prosecution did not offer sufficient proof to establish the corpus delicti of the offense of felonious assault. Defendant maintains that, absent the statements attributed to him, the prosecution's proofs at the close of its case failed to establish any evidence of criminal intent on the part of defendant.

Prior to the admission of an extrajudicial statement by a defendant, the prosecutor must establish the corpus delicti of the charged offense by introducing:

" * * * evidence from which the trier of fact may reasonably find that acts constituting all the essential elements of the offense have been committed and that someone's criminality was responsible for the commission of those acts." People v. Allen, 390 Mich. 383, 212 N.W.2d 21 (1973); adopting People v. Allen, 39 Mich.App. 483, 496, 197 N.W.2d 874 (1972) (Levin, J., dissenting).

[117 MICHAPP 120] In establishing the corpus delicti prior to the admission of a defendant's extrajudicial statement, the prosecutor is not required to submit proof beyond a reasonable doubt. Evidence justifying a reasonable inference of culpability on each of the essential elements of the offense is sufficient. People v. Michael Johnson, 105 Mich.App. 498, 504, 307 N.W.2d 357 (1981).

The elements of felonious assault consist of: (1) an assault, and (2) the use of a deadly weapon. M.C.L. Sec. 750.82; M.S.A. Sec. 28.277. A simple criminal assault consists of either an attempt to commit a battery or an unlawful act which places another in reasonable apprehension of receiving an immediate battery. People v. Sanford, 402 Mich. 460, 479, 265 N.W.2d 1 (1978).

We find that the corpus delicti of felonious assault was in fact established. The corpus delicti is established when there has been a specific loss or injury which has been caused by the criminality of an individual. People v. Randall, 42 Mich.App. 187, 189, 201 N.W.2d 292 (1972). There was obviously an injury here, caused by a shotgun blast in the livingroom of defendant's home. The fact of the injury and the criminality of defendant were established by statements made by defendant over the phone to the police dispatcher. Defendant stated that he had shot his wife and that the shooting was the result of a family argument. Thus, evidence of an assault and the use of a deadly weapon was established.

Although as a general rule the corpus delicti cannot be established by the extrajudicial confession of the accused, People v. Barron, 381 Mich. 421, 163 N.W.2d 219 (1968), certain exceptions have been carved out of this general rule. When a defendant's statement is not simply an admission, [117 MICHAPP 121] but also falls within another exception to the hearsay rule "which gives an additional indication of truth" the statement is admissible to prove the corpus delicti. Randall, supra, 191, 201...