People v. Wolff, Docket No. 5521

CourtCourt of Appeal of Michigan (US)
Citation179 N.W.2d 206,23 Mich.App. 550
Docket NumberNo. 1,Docket No. 5521,1
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Howard WOLFF, Defendant-Appellant
Decision Date30 April 1970

George W. Schudlich, Detroit (Edward P. Echlin, Detroit, of counsel), for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Gahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Patricia J. Pernick, Asst. Pros. Atty., for plaintiff-appellee.

Before LESINSKI, C.J., and QUINN and V. J. BRENNAN, JJ.

PER CURIAM.

On leave granted, defendant appeals his 1953 conviction and sentence for first degree murder. The issue which controls the decision on this appeal is properly stated by the people as:

'Did the trial court commit reversible error in allowing statements of the appellant to be admitted in evidence?'

Our answer is yes, as to the confession of August 14, 1952.

August 12, 1952, Chester Czernal was shot and killed at his home. August 14, 1952, at about 1:30 p.m., defendant, then 16 years of age, was arrested and taken to police headquarters. After about 4 hours questioning, defendant gave a formal confession to the chief assistant prosecuting attorney in the presence of a stenographer and two detectives. Defendant was alone.

Apparently defendant was then turned over to the juvenile authorities. August 17, 1952, at the juvenile detention home, defendant made another inculpatory statement to 2 officers in the presence of a co-defendant. August 18, 1952, a warrant for defendant's arrest was obtained and August 22, 1952, defendant was taken into juvenile court, which waived jurisdiction.

August 25, 1952, defendant was arraigned in Recorder's Court, and his 10 day trial began in February, 1953. At trial, and over objection, defendant's confession of August 14, 1952 and his inculpatory statement of August 17, 1952 were admitted in evidence. At a Walker hearing* held March 7, 1968, the trial court found that both confessions were voluntary and admissible. We do not disturb that finding.

We reverse on the authority of People v. Roberts (1966), 3 Mich.App. 605, 143 N.W.2d 182. The failure to take this minor defendant before the juvenile court Immediately, as required by C.L.1948, § 764.27 (Stat.Ann.1954 Rev. § 28.886), was a violation of defendant's right to due process and vitiated the August 14th...

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10 cases
  • Theriault v. State
    • United States
    • Wisconsin Supreme Court
    • 20 Diciembre 1974
    ...child to be taken before county court "without delay for the purpose of investigation or any other purpose"); People v. Wolff (1970), 23 Mich.App. 550, 179 N.W.2d 206 (statute required taking child before juvenile court "immediately").20 6 W.S.A., p. 399.21 (1972), 51 Ill.2d 208, 214, 215, ......
  • People v. Irby
    • United States
    • Court of Appeal of Michigan — District of US
    • 28 Febrero 1984
    ...were otherwise voluntary, violation of his rights as a juvenile vitiates the confession. Defendant relies upon People v. Wolff, 23 Mich.App. 550, 552, 179 N.W.2d 206 (1970). Pursuant to the juvenile court rules, a police officer may take a juvenile under age 17 into temporary custody withou......
  • State v. Ellsworth
    • United States
    • West Virginia Supreme Court
    • 6 Junio 1985
    ...487 (1963); Roberts v. State, 285 So.2d 385 (Fla.1973); M.K.H. v. State, 135 Ga.App. 565, 218 S.E.2d 284 (1975); People v. Wolff, 23 Mich.App. 550, 179 N.W.2d 206 (1970); State v. Wade, 531 S.W.2d 726 (Mo.1976) (En Banc); In Re Anthony E., 72 A.D.2d 699, 421 N.Y.S.2d 566 (1979).9 The quotat......
  • People v. Good
    • United States
    • Court of Appeal of Michigan — District of US
    • 17 Diciembre 1990
    ...Some cases have held that violation of the statute requires automatic suppression of the defendant's statement. See People v. Wolff, 23 Mich.App. 550, 179 N.W.2d 206 (1970), lv. den. 384 Mich. 754 (1970), and People v. Allen, 109 Mich.App. 147, 311 N.W.2d 734 (1981), lv. den. 412 Mich. 913 ......
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