People v. Boykins

Michigan Court of Appeals

People v. Boykins

171 N.W.2d 53, 18 Mich. App. 356, 1969 Mich. App. LEXIS 1079

CourtMichigan Court of Appeals

DecidedJuly 28, 1969

DocketDocket No. 7,146

StatusPublished

This text of 171 N.W.2d 53 (People v. Boykins) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Boykins, 171 N.W.2d 53, 18 Mich. App. 356, 1969 Mich. App. LEXIS 1079 (Mich. Ct. App. 1969).

Pincite

Opinion

Per Curiam.

Defendant was convicted by Recorder’s Court jury of breaking and entering an occupied dwelling with intent to commit larceny¹ and larceny in a building.²

On appeal, defendant objects to the trial court’s failure to give an instruction and he questions the sufficiency of the evidence. The people have moved to affirm'the conviction under OCR 1963, 817.5(3).

In the absence of a request for an instruction or an objection to the failure of the trial court to give an instruction limiting the jury’s consideration of a reference to defendant’s possible criminal record, the trial court was not required to give such an instruction. People v. Anderson (1968), 13 Mich App 247. The trial court record contains ample evidence to support the jury’s verdict.

Motion to affirm is granted.

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Per Curiam.

Defendant was convicted by Recorder’s Court jury of breaking and entering an occupied dwelling with intent to commit larceny¹ and larceny in a building.²

On appeal, defendant objects to the trial court’s failure to give an instruction and he questions the sufficiency of the evidence. The people have moved to affirm'the conviction under OCR 1963, 817.5(3).

In the absence of a request for an instruction or an objection to the failure of the trial court to give an instruction limiting the jury’s consideration of a reference to defendant’s possible criminal record, the trial court was not required to give such an instruction. People v. Anderson (1968), 13 Mich App 247. The trial court record contains ample evidence to support the jury’s verdict.

Motion to affirm is granted.

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Bluebook (online)

171 N.W.2d 53, 18 Mich. App. 356, 1969 Mich. App. LEXIS 1079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boykins-michctapp-1969.

Opinion

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