People v. Cole

Michigan Court of Appeals

People v. Cole

184 N.W.2d 517, 28 Mich. App. 517, 1970 Mich. App. LEXIS 1217

CourtMichigan Court of Appeals

DecidedDecember 7, 1970

DocketDocket 8458

StatusPublished

Cited by3 cases

This text of 184 N.W.2d 517 (People v. Cole) 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. Cole, 184 N.W.2d 517, 28 Mich. App. 517, 1970 Mich. App. LEXIS 1217 (Mich. Ct. App. 1970).

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Opinion

Per Curiam.

Defendant was convicted upon a jury verdict of assault with intent to rob, not being armed, (MCLA § 750.88 [Stat Ann 1962 Rev § 28.283]), and was sentenced to 7 to 15 years in prison. Prom this verdict he appeals.

Defendant assigns two errors for review. First, he contends that his arrest was improper and his conviction, therefore, void. Assuming that defendant’s arrest was illegal, all proceedings thereafter are not necessarily rendered void, as he contends. People v. Nawrocki (1967), 6 Mich App 46. We have examined the record and find that the arrest proceeded from a complaint and identification by the victim, and that the arrest was proper. Furthermore, defendant failed to object to any alleged irregularities regarding his arrest until this appeal.

Prior to trial, defendant made an inculpatory statement to police regarding this crime. He contends that it was reversible error for the jury, prior to a Walker hearing, 1 to have learned of the existence of this statement. We find this issue to he without merit, inasmuch as, after the jury was made aware of the statement, the judge excused the jury, conducted a Walker hearing, and ruled that the defendant’s statement was admissible. Defense counsel made no objection to its admissibility at trial.

Conviction is affirmed.

1

People v. Walker (On Rehearing, 1965), 374 Mich 331.

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Per Curiam.

Defendant was convicted upon a jury verdict of assault with intent to rob, not being armed, (MCLA § 750.88 [Stat Ann 1962 Rev § 28.283]), and was sentenced to 7 to 15 years in prison. Prom this verdict he appeals.

Defendant assigns two errors for review. First, he contends that his arrest was improper and his conviction, therefore, void. Assuming that defendant’s arrest was illegal, all proceedings thereafter are not necessarily rendered void, as he contends. People v. Nawrocki (1967), 6 Mich App 46. We have examined the record and find that the arrest proceeded from a complaint and identification by the victim, and that the arrest was proper. Furthermore, defendant failed to object to any alleged irregularities regarding his arrest until this appeal.

Prior to trial, defendant made an inculpatory statement to police regarding this crime. He contends that it was reversible error for the jury, prior to a Walker hearing, 1 to have learned of the existence of this statement. We find this issue to he without merit, inasmuch as, after the jury was made aware of the statement, the judge excused the jury, conducted a Walker hearing, and ruled that the defendant’s statement was admissible. Defense counsel made no objection to its admissibility at trial.

Conviction is affirmed.

1

People v. Walker (On Rehearing, 1965), 374 Mich 331.

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Bluebook (online)

184 N.W.2d 517, 28 Mich. App. 517, 1970 Mich. App. LEXIS 1217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cole-michctapp-1970.

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