People v. Brian Harris

Michigan Court of Appeals

People v. Brian Harris

195 N.W.2d 29, 37 Mich. App. 409, 1971 Mich. App. LEXIS 1243

CourtMichigan Court of Appeals

DecidedDecember 8, 1971

DocketDocket 10303

StatusPublished

Cited by2 cases

This text of 195 N.W.2d 29 (People v. Brian Harris) 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. Brian Harris, 195 N.W.2d 29, 37 Mich. App. 409, 1971 Mich. App. LEXIS 1243 (Mich. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

Defendant was tried and found guilty by a jury in Recorder’s Court in the City of Detroit of a charge of armed robbery (MCLA § 750.-529 [Stat Ann 1971 Cum Supp § 28.797]). The defendant presents three arguments on appeal, of which we consider only one.

The prosecution’s evidence that the crime charged had been committed was not contradicted by any testimony. The defendant based his defense on alibi. The defendant argues that the following portion of the judge’s charge to the jury constitutes reversible error:

“Now, the people have in their proofs shown to you the first element of the offense, which they are bound to establish. They have shown with their evidence that there was an assault. They have also shown by their evidence that there was a larceny; that is a forceful and unlawful taking of the money. They have also shown that a dangerous weapon was used in the robbery; that is a rifle of some description or another. There has also been testimony, which they have shown to you, that two persons participated in the robbery.”

While the court may comment on the evidence (MCLA § 768.29 [Stat Ann 1954 Rev §28.1052]), “[s]uch authority permits comment that evidence supporting a fact is undisputed, if this is the fact, but it does not permit stating as a fact that which the undisputed evidence tends to prove. People v. Pratt (1930), 251 Mich 243.” People v. Wojnicz (1968), 12 Mich App 423, 425 .

Reversed and remanded.

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Per Curiam.

Defendant was tried and found guilty by a jury in Recorder’s Court in the City of Detroit of a charge of armed robbery (MCLA § 750.-529 [Stat Ann 1971 Cum Supp § 28.797]). The defendant presents three arguments on appeal, of which we consider only one.

The prosecution’s evidence that the crime charged had been committed was not contradicted by any testimony. The defendant based his defense on alibi. The defendant argues that the following portion of the judge’s charge to the jury constitutes reversible error:

“Now, the people have in their proofs shown to you the first element of the offense, which they are bound to establish. They have shown with their evidence that there was an assault. They have also shown by their evidence that there was a larceny; that is a forceful and unlawful taking of the money. They have also shown that a dangerous weapon was used in the robbery; that is a rifle of some description or another. There has also been testimony, which they have shown to you, that two persons participated in the robbery.”

While the court may comment on the evidence (MCLA § 768.29 [Stat Ann 1954 Rev §28.1052]), “[s]uch authority permits comment that evidence supporting a fact is undisputed, if this is the fact, but it does not permit stating as a fact that which the undisputed evidence tends to prove. People v. Pratt (1930), 251 Mich 243.” People v. Wojnicz (1968), 12 Mich App 423, 425 .

Reversed and remanded.

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Bluebook (online)

195 N.W.2d 29, 37 Mich. App. 409, 1971 Mich. App. LEXIS 1243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brian-harris-michctapp-1971.

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