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People v. Harmon

232 N.W.2d 187, 394 Mich. 625, 1975 Mich. LEXIS 263
CourtMichigan Supreme Court
DecidedAugust 20, 1975
Docket56016, (Calendar No. 9)
StatusPublished
Cited by27 cases

This text of 232 N.W.2d 187 (People v. Harmon) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Harmon, 232 N.W.2d 187, 394 Mich. 625, 1975 Mich. LEXIS 263 (Mich. 1975).

Opinion

*626 L. B. Lindemer, J.

Defendant was convicted after a jury trial of prison escape. MCLA 750.193; MSA 28.390. The Court of Appeals reversed defendant’s conviction, and we affirm on the same basis as People v Luther, ante, 394 Mich 619; 232 NW2d 184 (1975).

In this case the defendant testified to a similar confrontation to the one noted in Luther. 1 We discuss only one factual variation; defendant did not leave the prison until approximately 24 hours after the confrontation. This does not suffice to remove the defense of duress from the consideration of the jury.

"[W]hat constitutes present, immediate and impending compulsion depends on the circumstances of each case.” 2

The trial court’s refusal to give an instruction on duress was reversibly erroneous.

The Court of Appeals is affirmed. Defendant’s cross-appeal is moot.

T. G. Kavanagh, C. J., and Williams, Levin, M. S. Coleman, and J. W. Fitzgerald, JJ., concurred with Lindemer, J. Swainson, J., took no part in the decision of this case.
1

The opinion of the Court of Appeals sets forth the facts in sufficient detail. People v Harmon, 53 Mich App 482, 484—485; 220 NW2d 212, 213-214 (1974).

2

People v Richter, 54 Mich App 598; 221 NW2d 429 (1974). (In that case the time lapse was three weeks.)

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Bluebook (online)
232 N.W.2d 187, 394 Mich. 625, 1975 Mich. LEXIS 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harmon-mich-1975.