People v. White, Docket No. 9494
| Decision Date | 01 April 1971 |
| Docket Number | No. 1,Docket No. 9494,1 |
| Citation | 188 N.W.2d 236,32 Mich.App. 296 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Louis A. WHITE, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Abba I. Friedman, Hyman, Gurwin, Nachman, Friedman & Weingarden, 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., Angelo A. Pentolino, Asst. Pros. Atty., for plaintiff-appellee.
Before V. J. BRENNAN, P.J., and QUINN and O'HARA, * JJ.
A jury convicted defendant of armed robbery, M.C.L.A. § 750.529 (Stat.Ann.1971 Cum.Supp. § 28.797). He was sentenced, and on appeal he raises four issues, three of which were not preserved for appellate review.
Insufficiency of the evidence at the preliminary examination may not be raised for the first time on appeal, People v. Willis (1965), 1 Mich.App. 428, 136 N.W.2d 723, as defendant seeks to do here.
In order to preserve for appellate review the issue of the verdict being against the great weight of the evidence, a motion for new trial is required. People v. Jagosz (1931), 253 Mich. 290, 235 N.W. 160. No such motion was made in this case.
Failure of defendant to object at trial to the identification procedure precludes our review of this issue. People v. Coleman (1968), 14 Mich.App. 515, 165 N.W.2d 615.
This record demonstrates no clear injustice, People v. Jackson (1969), 17 Mich.App. 675, 170 N.W.2d 259, and we decline further comment on the foregoing issues.
With respect to defendant's asserted error on the failure of the trial court to instruct the jury that mere presence at a crime does not constitute one a party to the crime, no request for such an instruction was made; hence, no error. People v. Nawrocki (1965), 376 Mich. 252, 136 N.W.2d 922.
Affirmed.
* MICHAEL D. O'HARA, former Associate Justice of the Michigan Supreme Court, appointed by the Supreme Court for the hearing month of March, 1971, pursuant to § 306 P.A.1964, No. 281.
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