People v. Burd, No. 2

Michigan Court of Appeals

People v. Burd, No. 2

164 N.W.2d 774, 13 Mich. App. 592, 1968 Mich. App. LEXIS 1105

CourtMichigan Court of Appeals

DecidedOctober 21, 1968

DocketDocket 3,659

StatusPublished

Cited by1 cases

This text of 164 N.W.2d 774 (People v. Burd, No. 2) 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. Burd, No. 2, 164 N.W.2d 774, 13 Mich. App. 592, 1968 Mich. App. LEXIS 1105 (Mich. Ct. App. 1968).

Pincite

Opinion

Per Curiam.

Keith E. Burd was convicted of arson in 1958 on a plea of guilty. CL 1948, § 750.73 (Stat Ann 1962 Rev § 28.268). He appeals claiming the trial court committed error in not advising him *593 of his right to court appointed counsel and in proceeding against him under an unauthorized warrant.

Upon defendant’s arraignment, he was apprized of his right to an attorney as follows:

“The law gives you the right to consult an attorney if you care to do so. So before you say whether you are guilty or not guilty, my question to you then is do you want to consult an attorney before you plead to this charge, before you say whether yon are guilty or not guilty ?”

' He responded: “No”.

Under the authority of People v. Stearns (1968), 380 Mich 704, we hold this constitutes a waiver of the right to counsel. ,

Defendant also asserts that he was arrested under an unlawful warrant. CL 1948, § 774:4 (Stat Ann 1959 Cum Supp § 28.1195), A review of the record discloses no procedural defect and,no error regarding this allegation. People v. Carter (1967), 379 Mich 24.

The judgment of the trial court is affirmed.

T. G. Kavanagh, P. J., and McGregor and Philip C. Elliott, JJ., concurred.

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