People v. Towlen
| Decision Date | 08 January 1976 |
| Docket Number | Docket No. 22903 |
| Citation | 239 N.W.2d 668,66 Mich.App. 577 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Harvey TOWLEN, Defendant-Appellant. 66 Mich.App. 577, 239 N.W.2d 668 |
| Court | Court of Appeal of Michigan — District of US |
[66 MICHAPP 578] Paul A. Nida, Troy, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., L. Brooks Patterson, Pros. Atty., for plaintiff-appellee.
Before R. B. BURNS, P.J., and D. E. HOLBROOK and WALSH, JJ.
Defendant was convicted by a judge, sitting without a jury, of the offenses of delivery of a controlled substance to a minor, M.C.L.A. §§ 335.341, 335.346; M.S.A. §§ 18.1070(41), 18.1070(46), and gross indecency between male and female persons, M.C.L.A. § 750.338b; M.S.A. § 28.570(2). He appeals and we affirm.
The complainant, a 16-year old girl, testified that the defendant took her to a motel room, gave her pills that he told her were methadone, and then forced her to engage in an act of fellatio.
[66 MICHAPP 579] Defendant claims that the act of fellatio between an adult male and a 16-year old girl does not constitute gross indecency under the statute. Gross indecency is a question of community morals for the trier of fact. People v. Rea, 38 Mich.App. 141, 195 N.W.2d 809 (1972). The trial judge determined that the actions of the defendant were prohibited by the statute and we will not substitute our judgment for that of the trier of the fact.
Defendant asserts that the trial court should not have allowed the complaining witness to testify that in her opinion the substance given to her by the defendant was methadone.
The complaining witness testified that she had been taking methadone since she was 15 years old; that she had taken over 250 tablets, often at the rate of three per day; that on the date in question the defendant had told her the pills were methadone and that the pills had 'J--42' and 'Lilley' on them as had the methadone pills which she had taken in the past; that she received the same reaction after taking the pills as she had received in the past after taking methadone. She stated that in her opinion the pills given to her by the defendant were methadone pills.
A person does not have to have formal education to be an expert, but may acquire special knowledge of the subject by other means. The question of the witness's qualifications is a matter of weight and credibility for the trier of fact. People v. Wilson, 27 Mich.App. 171, 183 N.W.2d 368 (1970).
Nisrim Karim, a res gestae witness, was called to the stand, but refused to testify citing the Fifth Amendment. The...
To continue reading
Request your trial
-
People v. Myers
...N.W.2d 263 (1975), reversed in light of People v. Edwards, supra, 396 Mich. 825, 238 N.W.2d 536 (1976) (fellatio); People v. Towlen, 66 Mich.App. 577, 239 N.W.2d 668 (1976), lv. den. 397 Mich. 831 (1976) In each of the above cases (except Livermore, which did not involve a determination of ......
-
People v. Trammell
...63 Mich.App. 120, 126-128, 234 N.W.2d 172 (1975), rev'd on other grounds 396 Mich. 99, 237 N.W.2d 475 (1976); People v. Towlen, 66 Mich.App. 577, 579, 239 N.W.2d 668 (1976), lv. den. 397 Mich. 831 (1976); People v. William Clark, 68 Mich.App. 48, 52-53, 241 N.W.2d 756 (1976); People v. Mast......
-
People v. Castaneda
...it required that the prosecutor grant Velasquez immunity under M.C.L.A. § 780.701; M.S.A. § 28.1287(101). See People v. Towlen, 66 Mich.App. 577, 579-580, 239 N.W.2d 668 (1976). There was no showing by defendant of prejudice on this Defendant further contends that the production of two res ......
-
People v. Oaks
...prosecutor was not required to grant Velasquez immunity under M.C.L. § 780.701; M.S.A. § 28.1287(101), citing People v. Towlen, 66 Mich.App. 577, 579-580, 239 N.W.2d 668 (1976). In the case at bar, Ms. Benswinger asserted her Fifth Amendment privilege and refused to testify at trial. The pr......