People v. Williams, Docket No. 4651

• Court: Court of Appeal of Michigan (US)
• Writing for the Court: McGREGOR
• Citation: 167 N.W.2d 358,15 Mich.App. 683
• Decision Date: 31 January 1969
• Docket Number: No. 1,Docket No. 4651
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Charles WILLIAMS, Defendant-Appellant

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167 N.W.2d 358 15 Mich.App. 683 PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
Charles WILLIAMS, Defendant-Appellant. Docket No. 4651. Court of Appeals of Michigan, Division No. 1. Jan. 31, 1969.
Released for Publication May 7, 1969.

Norman L. Lippitt and [15 Mich.App. 684] Robert J. Sandler, of Boesky & Lippitt, Detroit, for appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, William L. Cahalan, Pros. Atty., Samuel J. Torina, Chief Appellate Lawyer, Arthur N. Bishop, Asst. Pros. Atty., Wayne County, Detroit, for appellee.

Before McGREGOR, P.J., and FITZGERALD and CYNAR, ^* JJ.

McGREGOR, Presiding Judge.

A jury found defendant guilty of murder in the first degree, C.L.1948, § 750.316 (Stat.Ann.1954 Rev. § 28.548). The victim was killed during a robbery of her party store. The evidence submitted to prove the murder included a .25-caliber shell casing found in the store, the fatal bullet taken from the body of the decedent, and testimony that defendant was seen running from the murder scene. The court also admitted evidence of a later crime, a robbery of a party store in the same neighborhood occurring approximately three weeks after the murder. Proof of the subsequent offense included three .25-caliber shell casings and the identification of the defendant by the

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robbery victim. Although the defendant objected to the admission of all proof of the later crime, on the grounds that it only tended to prove a subsequent crime for which defendant was not on trial, the court allowed the evidence, subject to its being 'tied in' with evidence of the murder. A ballistics expert testified that the three shell casings found at the scene of the second robbery were fired by the same gun which fired the shell casing found at the murder scene. [15 Mich.App. 685] There was no testimony that the bullet taken from the decedent's body matched the shell casing taken from the murder scene, and neither the bullets which wounded the subsequent robbery victim nor the murder weapon were introduced in evidence. Defendant denied the murder and offered four witnesses who testified that he was home at the time of the homicide. However, the jury rejected the alibi testimony and adjudged defendant guilty.

The issue presented is whether the admission of evidence of the subsequent crime constituted reversible error.

Defendant contends that the admission of the shell casings, the ballistics testimony, and the subsequent robbery victim's testimony was erroneous. Defendant acknowledges the principle that evidence of other crimes is admissible to determine intent, motive, and identity of defendnat, C.L.1948, § 768.27 (Stat.Ann.1954 Rev. § 28.1050) and he does not object to the evidence admitted to show motive and intent. However, defendant argues that identity is the crucial issue in this case and that the evidence allowed was not material and relevant to connect defendant with the murder....