People v. Hurston

Michigan Court of Appeals

People v. Hurston

192 N.W.2d 80, 34 Mich. App. 618, 1971 Mich. App. LEXIS 1652

CourtMichigan Court of Appeals

DecidedJune 25, 1971

DocketDocket No. 9154

StatusPublished

This text of 192 N.W.2d 80 (People v. Hurston) 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. Hurston, 192 N.W.2d 80, 34 Mich. App. 618, 1971 Mich. App. LEXIS 1652 (Mich. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

Defendant was charged with robbery armed contrary to MCLA § 750.529 (Stat Ann [619]*6191971 Cum Supp § 28.797). He was found guilty by tbe judge sitting without a jury and sentenced to serve not less than 10 nor more than 20 years in prison.

Defendant contended, inter alia, that the trial court erred in failing to make specific findings of fact pursuant to the requirement under GCR 1963, 517.1. We agreed.

As per the Supreme Court’s mandate in Dauer v. Zabel (1969), 381 Mich 555, we remanded the matter to the trial court for findings of fact pursuant to GCR 1963, 517.1. This rule had been interpreted to apply to criminal as well as to civil cases, People v. George Scott (1970), 21 Mich App 217; People v. Martinovich (1969), 18 Mich App 253.

This area of the law has now been clarified, not only for this Court but for trial courts also, by virtue of the Supreme Court’s order of February 9, 1971, in the case of People v. Thomas (1971), 384 Mich 804, which unequivocally states that GCR 1963, 517.1, does not apply to nonjury criminal cases.¹

Affirmed.

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Per Curiam.

Defendant was charged with robbery armed contrary to MCLA § 750.529 (Stat Ann [619]*6191971 Cum Supp § 28.797). He was found guilty by tbe judge sitting without a jury and sentenced to serve not less than 10 nor more than 20 years in prison.

Defendant contended, inter alia, that the trial court erred in failing to make specific findings of fact pursuant to the requirement under GCR 1963, 517.1. We agreed.

As per the Supreme Court’s mandate in Dauer v. Zabel (1969), 381 Mich 555, we remanded the matter to the trial court for findings of fact pursuant to GCR 1963, 517.1. This rule had been interpreted to apply to criminal as well as to civil cases, People v. George Scott (1970), 21 Mich App 217; People v. Martinovich (1969), 18 Mich App 253.

This area of the law has now been clarified, not only for this Court but for trial courts also, by virtue of the Supreme Court’s order of February 9, 1971, in the case of People v. Thomas (1971), 384 Mich 804, which unequivocally states that GCR 1963, 517.1, does not apply to nonjury criminal cases.¹

Affirmed.

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Bluebook (online)

192 N.W.2d 80, 34 Mich. App. 618, 1971 Mich. App. LEXIS 1652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hurston-michctapp-1971.

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