People v. Gore

Michigan Court of Appeals

People v. Gore

181 N.W.2d 654, 25 Mich. App. 700, 1970 Mich. App. LEXIS 1645

CourtMichigan Court of Appeals

DecidedAugust 4, 1970

DocketDocket 8,762

StatusPublished

Cited by3 cases

This text of 181 N.W.2d 654 (People v. Gore) 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. Gore, 181 N.W.2d 654, 25 Mich. App. 700, 1970 Mich. App. LEXIS 1645 (Mich. Ct. App. 1970).

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Opinion

Per Curiam.

Defendant was found guilty by the court sitting without a jury of robbery armed * and sentenced to six to ten years in prison.

Two questions are raised by defendant on appeal.

The first is whether there was sufficient evidence to find the defendant guilty beyond a reasonable doubt. At trial the victim positively identified the defendant as being one of the two men who robbed her, at gun point, in her party store, and then exited by a side door when the police arrived. Two police officers identified the defendant as one of those exiting from the side door. One testified that he shot the defendant when chasing him and that he was apprehended by a bystander who observed the police in pursuit of the defendant. The bystander testified that after he caught the defendant, he stated to him, “Look, let me go and I’ll split the money with you.” The record contains ample evidence to sustain the court’s finding. People v. Arither Thomas (1967), 7 Mich App 103; People v. Walker (1969), 19 Mich App 569.

The second question is whether it was error for the defense counsel to waive closing argument where there was conflicting evidence. GCR 1963, 507.6 makes it very clear that parties may rest their case without a final argument; therefore, there was no error.

Affirmed.

*

MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797).

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Per Curiam.

Defendant was found guilty by the court sitting without a jury of robbery armed * and sentenced to six to ten years in prison.

Two questions are raised by defendant on appeal.

The first is whether there was sufficient evidence to find the defendant guilty beyond a reasonable doubt. At trial the victim positively identified the defendant as being one of the two men who robbed her, at gun point, in her party store, and then exited by a side door when the police arrived. Two police officers identified the defendant as one of those exiting from the side door. One testified that he shot the defendant when chasing him and that he was apprehended by a bystander who observed the police in pursuit of the defendant. The bystander testified that after he caught the defendant, he stated to him, “Look, let me go and I’ll split the money with you.” The record contains ample evidence to sustain the court’s finding. People v. Arither Thomas (1967), 7 Mich App 103; People v. Walker (1969), 19 Mich App 569.

The second question is whether it was error for the defense counsel to waive closing argument where there was conflicting evidence. GCR 1963, 507.6 makes it very clear that parties may rest their case without a final argument; therefore, there was no error.

Affirmed.

*

MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797).

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Bluebook (online)

181 N.W.2d 654, 25 Mich. App. 700, 1970 Mich. App. LEXIS 1645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gore-michctapp-1970.

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