People v. Wright
| Decision Date | 29 July 1970 |
| Docket Number | Docket No. 8007,No. 2,2 |
| Citation | 25 Mich.App. 499,181 N.W.2d 649 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. William Joseph WRIGHT and Gerald Emanuel Wright, Defendants-Appellants |
| Court | Court of Appeal of Michigan — District of US |
Kenneth A. Webb, Troy, for defendants-appellants.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Thomas G. Plunkett, Jr., Pros. Atty., for plaintiff-appellee.
Before LESINSKI, C.J., and QUINN and ROOD *, JJ.
Defendants were jointly charged and tried for second-degree murder, C.L.1948, § 750.317 (Stat.Ann.1954 Rev. § 28.549). The jury convicted William Joseph Wright as charged and it convicted Gerald Emanuel Wright of manslaughter, C.L.1948, § 750.321 (Stat.Ann.1954 Rev. § 28.553). Following sentence, defendants appeal. The issues raised on appeal are discussed in context with the following facts:
After work on August 31, 1967, defendants, Earl Shirley and Francis Michael Griffin, deceased, embarked on a 'bar hopping' expedition which began about 11:30 A.M. and culminated with Griffin being shot to death by William Wright at the latter's home about 4:00 P.M. In the interval, the group visited seven bars and had ten drinks, Shirley drinking gin and the rest beer. At two of the bars, William Wright had arguments, the first time with the bartender and the second time with a female customer. The group was refused service in the first instance, and it was refused service and ordered to leave after one drink at the second bar where William caused trouble.
At the last bar the group visited, they separated temporarily, Shirley and Gerald Wright going to a nearby restaurant to eat, William Wright going to the car to sleep, and Griffin remaining in the bar. Shortly thereafter, they left this area in Shirley's car for the home of William Wright. The latter was asleep in the back seat and the other three rode in the front seat.
On arriving at the William Wright home, Gerald Wright attempted to awaken his brother and was kicked by William. When William's wife attempted to awaken him, he again started kicking and he swung at his wife with his right hand. Griffin then suggested that someone get the wife out of the car before she got hurt, and Griffin attempted to awaken William. The latter began swinging and kicking at Griffin and these two began to struggle.
At this point, Gerald Wright grabbed Griffin around the neck and Shirley grabbed Gerald. The latter desisted and Shirley induced Griffin to get out of the car. William then exited the car, started swinging at Griffin and told Gerald to go in the house and get a gun. There is some dispute in the testimony as to whether or not Griffin had William on the ground when the latter told his brother to get a gun. In any event, Shirley managed to separate Griffin and William, but as Shirley stood holding Griffin's arm, William again swung at Griffin and Shirley released him. William and Griffin exchanged blows, and William fell down with Griffin on top of him. It is disputed whether Griffin struck William at this time, and there is testimony that then Griffin was pounding William's head on the sidewalk.
Gerald returned from the house with a shotgun which he pointed at Griffin and said, 'Get off him right now.' Griffin complied and walked to the rear of Shirley's car. William then ran over to Gerald, grabbed the gun and ran at Griffin with the gun pointed in his direction, and William said he was going to shoot Griffin. The latter took the gun away from William and struck William across the back and shoulders with it, breaking the gun and knocking William to the street.
Shirley then went over to William, asked Gerald to assist with getting William in the house and said, 'We'll get out of here and forget the whole thing.' As Shirley was helping William up, the latter said to Gerald, 'Jerry, get another gun.' Griffin then said, 'Let's get out of here, both these guys are nuts.' Gerald started for the house and Shirley and Griffin went to the Shirley car. Before Shirley could start the car, Gerald came out of the house with a rifle, which William grabbed away from him and came toward Griffin who was on the passenger side of the car. Griffin still had part of the shotgun in his hand and he dropped it when told to do so by William. William then said, 'Now I'm going to shoot.' Griffin started backing around the car; Shirley hollered to William, 'Stop it now.' William took two shots at Griffin who half turned; William took more shots at Griffin who went down but William continued shooting at Griffin.
Shirley went to Griffin and said, 'Can't I help you?' Griffin replied, 'Just get some help.' As Shirley raised up from Griffin, William said to Shirley, 'I'll shoot you, too, you s.o.b.,' and the trigger clicked two times.
An autopsy on the body of Griffin revealed 28 bullet wounds from 12 bullets. His blood disclosed .11 per cent alcohol on laboratory test. Cause of death was bullet wounds.
At the close of the people's proof, Gerald Wright moved for a directed verdict of not guilty and William Wright moved to reduce the charge against him to manslaughter. Both motions were denied and error is claimed as to each denial.
In support of his contention that it was reversible error to deny his motion for directed verdict, Gerald Wright makes two arguments. First, he did not deliver either gun to his brother nor did he comply with William's orders to get the guns pursuant to any common design, plan or prearrangement. Hence, there is no proof which involves Gerald in the shooting of Griffin. The validity of this argument ends at the point where Gerald went to get the second gun. He then knew the intention of William and the fact that Griffin wanted to quit the struggle and leave. A jury question was presented with respect to Gerald's guilt or innocence.
Second and relying on People v. Curtis (1884), 52 Mich. 616, 18 N.W. 385, Gerald asserts he had a right to defend his brother. We recognize that such a right exists, but it has no application here. When Gerald went for the second...
To continue reading
Request your trial
-
Johnigan v. Elo
...generally includes the right to defend another. People v. Curtis, 52 Mich. 616, 622, 18 N.W. 385 (1884); People v. Wright, 25 Mich.App. 499, 503 181 N.W.2d 649 (1970). Again, once evidence that the defendant acted in self-defense has been introduced, the prosecution bears the burden of disp......
-
People v. Martin
...People v. Williams (1922), 218 Mich. 697, 188 N.W. 413; People v. Wingeart (1963), 371 Mich. 264, 123 N.W.2d 731; People v. Wright (1970), 25 Mich.App. 499, 181 N.W.2d 649; People v. Martin (1970), 28 Mich.App. 633, 184 N.W.2d 744; People v. J. C. Lewis, Jr. (1971), 31 Mich.App. 91, 187 N.W......
-
Harris v. Bauman
...includes the right to defend another person. Id. (citing People v. Curtis, 52 Mich. 616, 622; 18 N.W. 385 (1884); People v. Wright, 25 Mich.App. 499, 503; 181 N.W.2d 649 (1970)). Petitioner's claim is non-cognizable on habeas review. Under Michigan law, self-defense is an affirmative defens......
-
Lambeth v. Rivard
...includes the right to defend another person. Id. (citing People v. Curtis, 52 Mich. 616, 622; 18 N.W. 385 (1884); People v. Wright, 25 Mich.App. 499, 503; 181 N.W.2d 649 (1970)). This Court concludes that petitioner is not entitled to habeas relief because the erroneous self-defense instruc......