People v. Fuller

236 N.W.2d 58, 395 Mich. 451, 1975 Mich. LEXIS 176

• Court: Michigan Supreme Court
• Decided: December 18, 1975
• Docket: 54738, (Calendar No. 3)
• Status: Published

Opinions

Williams, J.

This Court has steadfastly supported the right of the trier of fact, particularly the jury, to believe, or disbelieve, in whole or in part, any of the evidence presented. The instant case involves this doctrine.

As my brother the Chief Justice in his opinion observes, "There was uncontradicted testimony that 16-year-old Zerious Meadows started the fire by throwing a Molotov cocktail, and by striking a match.” However, as he correctly notes, the question before us is not whether defendant Cornell "Fuller planned the arson, or that he lit the fire, but rather that he acted as a lookout for Meadows by standing by the back gate of the yard and looking up and down the alley”.

In our opinion, evidence was presented which, if believed by the jury, would show just that. This is not a case of "mere presence at the scene”, for, if the jury believed it, defendant’s activities were consonant with a theory of active participation in the crime.

The Chief Justice in his opinion carefully lays out the testimony of the important witnesses. There is no need to repeat this material in this opinion.

The jury could connect Fuller with Meadows who perpetrated the arson, because, as the Chief Justice summarized,

"One witness testified she saw five or six boys huddled together on the sidewalk in front of the Turner home before it burned. She identified one of the boys as Fuller. She said she saw him go through the gate to the back yard of the Turner home. She saw another of the boys in front throw something at the house and the house caught fire. She identified one of the other boys as a boy named 'Jefferey’.”

This boy was Jefferey Coleman, whose testimony, well set out by the Chief Justice, described Fuller’s role in the crime. Even if we eliminate Jefferey Coleman’s speculation that "I guess he [Fuller] was watching out for Zerious”, he still testified that defendant was looking back and forth "to Jefferson” and "back towards Kercheval” several times and that after the fire started, Fuller and Meadows together took off and ran toward Kercheval.

Another witness, Gary Martin, in the words of the Chief Justice "testified that he saw Cornell Fuller, Zerious Meadows and four others walking together in the alley between Fairview and LeMay going towards Jefferson. He said he next saw Fuller and Meadows run through a yard and then run down to Kercheval through the alley.”

It is for the trier of fact to determine if the prosecution has "negate[d] every reasonable theory consistent with the defendant’s innocence of the crime charged”. It was so determined in this case.

Conviction affirmed.

Coleman and Fitzgerald, JJ., concurred with Williams, J. Lindemer and Ryan, JJ., took no part in the decision of this case.