People v. Burks

Michigan Court of Appeals

People v. Burks

186 N.W.2d 18, 30 Mich. App. 102

CourtMichigan Court of Appeals

DecidedJune 3, 1971

DocketDocket 6241

StatusPublished

Cited by8 cases

This text of 186 N.W.2d 18 (People v. Burks) 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. Burks, 186 N.W.2d 18, 30 Mich. App. 102 (Mich. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

The defendant was tried on a charge of second-degree murder MOLA § 75Ó.317 (Stat Ann 1954 Rev § 28.549), and found guilty by a jury of manslaughter MCLA § 750.321 (Stat Ann 1954 Rev § 28.553). On appeal, he seeks a new trial on two grounds, one based on the recanting affidavits of two witnesses for the prosecuiion and the other on the statements of five other persons that they would have testified on behalf of the defendant. All affiants allege that threats were made against them and because of the threats they either did not testify or perjured themselves at the trial.

Such information as contained in the affidavits is asserted to be in the nature of new evidence. Such evidence, if newly discovered, can form the basis for the granting of a new trial if it meets with the requirements as set out in People v. Keiswetter (1967), 7 Mich App 334. Such a determination is directed to the sound discretion of the trial court. People v. Nickopoulous (1970), 26 Mich App 297. The trial court has denied defendant’s motion for a new trial. Giving due regard to the superior opportunity of the trial court to appraise the credibility of the trial witnesses and the several affiants, we cannot say that the court abused its discretion in denying defendant’s motion.

*104 At trial, defendant attempted to put into evidence the police record of the person whom he was convicted of killing. The law on this point is clear and of long standing: the character of the deceased in a homicide prosecution is material only when a plea of self-defense is interposed. People v. Garbutt (1868), 17 Mich 9; People v. Stallworth (1961), 364 Mich 528; People v. Johnson (1969), 382 Mich 632; People v. Bell (1969), 14 Mich App 80. No plea of self-defense having been entered by defendant, there was consequently no proper foundation for admitting evidence as to the character of the deceased.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The defendant was tried on a charge of second-degree murder MOLA § 75Ó.317 (Stat Ann 1954 Rev § 28.549), and found guilty by a jury of manslaughter MCLA § 750.321 (Stat Ann 1954 Rev § 28.553). On appeal, he seeks a new trial on two grounds, one based on the recanting affidavits of two witnesses for the prosecuiion and the other on the statements of five other persons that they would have testified on behalf of the defendant. All affiants allege that threats were made against them and because of the threats they either did not testify or perjured themselves at the trial.

Such information as contained in the affidavits is asserted to be in the nature of new evidence. Such evidence, if newly discovered, can form the basis for the granting of a new trial if it meets with the requirements as set out in People v. Keiswetter (1967), 7 Mich App 334. Such a determination is directed to the sound discretion of the trial court. People v. Nickopoulous (1970), 26 Mich App 297. The trial court has denied defendant’s motion for a new trial. Giving due regard to the superior opportunity of the trial court to appraise the credibility of the trial witnesses and the several affiants, we cannot say that the court abused its discretion in denying defendant’s motion.

*104 At trial, defendant attempted to put into evidence the police record of the person whom he was convicted of killing. The law on this point is clear and of long standing: the character of the deceased in a homicide prosecution is material only when a plea of self-defense is interposed. People v. Garbutt (1868), 17 Mich 9; People v. Stallworth (1961), 364 Mich 528; People v. Johnson (1969), 382 Mich 632; People v. Bell (1969), 14 Mich App 80. No plea of self-defense having been entered by defendant, there was consequently no proper foundation for admitting evidence as to the character of the deceased.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

186 N.W.2d 18, 30 Mich. App. 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burks-michctapp-1971.

Opinion

Related

Cite This Page — Counsel Stack