People v. Williams, Docket No. 10487
| Decision Date | 24 January 1972 |
| Docket Number | Docket No. 10487,No. 1,1 |
| Citation | 195 N.W.2d 771,38 Mich.App. 146 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Tyrone WILLIAMS and James Marlin, Jr., Defendants-Appellants |
| Court | Court of Appeal of Michigan — District of US |
Gerald M. Lorence, Detroit, for defendants-appellants.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Patricia J. Boyle, Asst. Pros. Atty., for plaintiff-appellee.
Before LEVIN, P.J., and HOLBROOK and BRONSON, JJ.
On August 14, 1970, a Wayne County jury convicted defendant Tyrone Williams and defendant James Marlin, Jr., on charges of assault with intent to rob while armed, a violation of M.C.L.A. § 750.89, M.S.A. § 28.284, and assault to do great bodily harm less than murder, a violation of M.C.L.A. § 750.84, M.S.A. § 28.279.
On this appeal defendant Williams argues that the trial judge erred in refusing to permit him to introduce evidence of an alibi defense. Williams informed the judge of his wish to present an alibi defense on the first day of trial. At that time the judge questioned Williams and Williams said that 'three weeks ago' he had informed his lawyer of his alibi defense. The judge determined that there had been ample opportunity to present timely notice of alibi. In such circumstances the judge justifiably refused to permit Williams to introduce witnesses in support of his alibi. M.C.L.A. § 768.20, M.S.A. § 28.1043 and People v. Vaughn, 31 Mich.App. 599, 188 N.W.2d 53 (1971).
The defendants contend that the failure of defense counsel to file a notice of alibi deprived them of the effective assistance of counsel.
In People v. Jelks, 33 Mich.App. 425, 431, 190 N.W.2d 291, 294 (1971), we said:
A motion for a new trial was filed in this case in which the denial of effective-assistance-of-counsel issue was raised. However, at the hearing on the motion no testimony or other evidence was offered bearing on the question whether defense counsel acted diligently and, in particular, counsel's explanation or lack of explanation for failing to file a notice of alibi has not been spread on the record. Accordingly, we have nothing before us which would justify our concluding that the defendants had evidentially supported their...
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