People v. Emmerson

Michigan Court of Appeals

People v. Emmerson

172 N.W.2d 916, 19 Mich. App. 530, 1969 Mich. App. LEXIS 983

CourtMichigan Court of Appeals

DecidedOctober 27, 1969

DocketDocket No. 5,285

StatusPublished

This text of 172 N.W.2d 916 (People v. Emmerson) 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. Emmerson, 172 N.W.2d 916, 19 Mich. App. 530, 1969 Mich. App. LEXIS 983 (Mich. Ct. App. 1969).

Pincite

Opinion

Per Curiam.

Defendant was tried and convicted in the circuit court, county of Kalamazoo, before the Honorable Raymond W. Fox, sitting without a jury, of the crime of gross indecency. MCLA § 750-.338 (Stat Ann 1954 Rev § 28.570). Defendant appeals, alleging error in the admission of the testimony of the complaining witness and the court’s reliance thereon.

Although the trial judge determined that parts of the testimony of the complainant were not true, he [531]*531specifically stated that lie did not rely on any of such testimony. However, the complaining witness’ testimony substantiating the presence of all the elements of the crime was believed by the trial judge. Review of the record convinces us that the trial court did not clearly err in finding the defendant guilty.

Affirmed.

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Per Curiam.

Defendant was tried and convicted in the circuit court, county of Kalamazoo, before the Honorable Raymond W. Fox, sitting without a jury, of the crime of gross indecency. MCLA § 750-.338 (Stat Ann 1954 Rev § 28.570). Defendant appeals, alleging error in the admission of the testimony of the complaining witness and the court’s reliance thereon.

Although the trial judge determined that parts of the testimony of the complainant were not true, he [531]*531specifically stated that lie did not rely on any of such testimony. However, the complaining witness’ testimony substantiating the presence of all the elements of the crime was believed by the trial judge. Review of the record convinces us that the trial court did not clearly err in finding the defendant guilty.

Affirmed.

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Bluebook (online)

172 N.W.2d 916, 19 Mich. App. 530, 1969 Mich. App. LEXIS 983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-emmerson-michctapp-1969.

Opinion

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