People v. Harrison

Michigan Court of Appeals

People v. Harrison

255 N.W.2d 682, 75 Mich. App. 556, 1977 Mich. App. LEXIS 1135

CourtMichigan Court of Appeals

DecidedMay 9, 1977

DocketDocket 27917

StatusPublished

Cited by4 cases

This text of 255 N.W.2d 682 (People v. Harrison) 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. Harrison, 255 N.W.2d 682, 75 Mich. App. 556, 1977 Mich. App. LEXIS 1135 (Mich. Ct. App. 1977).

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Per Curiam.

Defendant, Clarence Harrison, Jr., was convicted of receiving the earnings of a prostitute, MCLA 750.457; MSA 28.712, and maintaining, operating, or keeping or aiding and abetting in the maintaining, operating, or keeping of a house of ill-fame or a bawdy house, MCLA 750.452; MSA 28.707. He was sentenced to a term in prison of 12-1/2 to 30 years.

On appeal defendant argues that the court committed reversible error in failing to order the prosecutor to endorse one Rose Collins as a res gestae witness.

An accomplice of the defendant need not be endorsed as a res gestae witness even though the charges against her have been dismissed. People v Moore, 29 Mich App 597; 185 NW2d 834 (1971). A review of the record leads us to the conclusion that there was sufficient evidence to charge Rose Collins as an accomplice of the defendant. In fact, she was originally so charged although the proceedings against her were discontinued at the time of preliminary examination.

Moreover, defendant had full knowledge of Rose Collins’ involvement in the incident which formed the basis for the case against him. His motion for endorsement came only after the prosecutor rested his case. The motion was untimely. People v Jones, 38 Mich App 512; 196 NW2d 817 (1972), lv den, 388 Mich 792 (1972). By waiting without excuse until the prosecutor closed his proofs, defendant waived any right he may have had to the endorse[559]*559ment and production of Rose Collins. People v Parsons, 59 Mich App 79; 228 NW2d 852 (1975).

Our careful review of the entire record further persuades us that the defendant’s claims of prose-cutorial misconduct are without merit.

Finally, when viewed in a light most favorable to the prosecution, the evidence justified the trial court’s denial of defense counsel’s motion to dismiss. People v Bailey, 69 Mich App 92; 244 NW2d 616 (1976).

The defendant’s conviction is affirmed.

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Per Curiam.

Defendant, Clarence Harrison, Jr., was convicted of receiving the earnings of a prostitute, MCLA 750.457; MSA 28.712, and maintaining, operating, or keeping or aiding and abetting in the maintaining, operating, or keeping of a house of ill-fame or a bawdy house, MCLA 750.452; MSA 28.707. He was sentenced to a term in prison of 12-1/2 to 30 years.

On appeal defendant argues that the court committed reversible error in failing to order the prosecutor to endorse one Rose Collins as a res gestae witness.

An accomplice of the defendant need not be endorsed as a res gestae witness even though the charges against her have been dismissed. People v Moore, 29 Mich App 597; 185 NW2d 834 (1971). A review of the record leads us to the conclusion that there was sufficient evidence to charge Rose Collins as an accomplice of the defendant. In fact, she was originally so charged although the proceedings against her were discontinued at the time of preliminary examination.

Moreover, defendant had full knowledge of Rose Collins’ involvement in the incident which formed the basis for the case against him. His motion for endorsement came only after the prosecutor rested his case. The motion was untimely. People v Jones, 38 Mich App 512; 196 NW2d 817 (1972), lv den, 388 Mich 792 (1972). By waiting without excuse until the prosecutor closed his proofs, defendant waived any right he may have had to the endorse[559]*559ment and production of Rose Collins. People v Parsons, 59 Mich App 79; 228 NW2d 852 (1975).

Our careful review of the entire record further persuades us that the defendant’s claims of prose-cutorial misconduct are without merit.

Finally, when viewed in a light most favorable to the prosecution, the evidence justified the trial court’s denial of defense counsel’s motion to dismiss. People v Bailey, 69 Mich App 92; 244 NW2d 616 (1976).

The defendant’s conviction is affirmed.

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Bluebook (online)

255 N.W.2d 682, 75 Mich. App. 556, 1977 Mich. App. LEXIS 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harrison-michctapp-1977.

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