People v. Weatherspoon

• Decision Date: 14 March 1967
• Docket Number: No. 3,Docket No. 1321,3
• Citation: 148 N.W.2d 889,6 Mich.App. 229
• Parties: The PEOPLE of the State of Michigan, Plaintiff-Appellee, v. John WEATHERSPOON, Defendant-Appellant
• Court: Court of Appeal of Michigan — District of US

Page 889

148 N.W.2d 889

6 Mich.App. 229

The PEOPLE of the State of Michigan, Plaintiff-Appellee, v. John WEATHERSPOON, Defendant-Appellant.

Docket No. 1321.

Court of Appeals of Michigan, Division No. 3.

March 14, 1967.

Justin Brocato, Kalamazoo, for appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Donald A. Burge, Pros. Atty., Kalamazoo County, Kalamazoo, for appellee.

Before McGREGOR, P.J., and BURNS and NEWBLATT, JJ. ^*

BURNS, Judge.

On January 24, 1965, officer Nevelle of the city of Kalamazoo police department, while on duty proceeded to and parked at the corner of North and Burdick streets in Kalamazoo in response to a police broadcast that an Elmer Weatherspoon, brother of the defendant, was wanted for assault and battery and was last seen in a vehicle headed north on Burdick street. Officer Nevelle was dressed in a police uniform and drove a marked car.

While the officer was bringing a stolen car sheet up to date, a green Pontiac stopped next to the police car. John Weatherspoon, the operator of the Pontiac, jumped out, opened the police car door and assaulted officer Nevelle. Shortly thereafter John Weatherspoon was arrested. His case was tried without a jury, and he was convicted of violating C.L.1948, § 750.479 (Stat.Ann. 1954 Rev. § 28.747).

On appeal the defendant does not dispute the fact that he assaulted the police officer. The bone of contention arises over an interpretation of the relevant portion of the statute which the defendant was held to have offended:

'Any person who shall knowingly and wilfully * * * obstruct, resist, oppose, assault, beat or wound any of the above named officers, or any other person or persons 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 of a misdemeanor, punishable by imprisonment in the state prison not more than 2 years, or by a fine of not more than 1,000 dollars.'

The position of the defendant is that the legislature did not intend this statute to punish offenders who commit a simple assault ¹ on any police officer while on duty. More simply stated, the argument is that when the officer was assaulted, he was not engaged in preserving the peace.

In People v. Krum (1965), 374 Mich. 356, 132 N.W.2d 69, the Supreme Court upheld a conviction based on the above quoted statutory excerpt where the accused interfered with a state trooper's duty to inspect automobiles as they arrived at a blockade set up as part of a search for prison escapees. From a factual analysis, officer Nevelle's 'acts, attempts and efforts' seem comparable to those being executed by the state trooper in People v. Krum, supra. But more important than this parallel, is that on page 361 of the Krum Case, page 71 of 132 N.W.2d, supra, the Court recognized the relationship between the statute and the general rule which provides:

"The obstruction of or resistance to A public officer in the performance of his duties is an offense at common law, and by statute in all jurisdictions.' (39 Am.Jur....