People v. Jackson

Michigan Court of Appeals

People v. Jackson

170 N.W.2d 259, 17 Mich. App. 675, 1969 Mich. App. LEXIS 1281

CourtMichigan Court of Appeals

DecidedJune 24, 1969

DocketDocket 5,631

StatusPublished

Cited by7 cases

This text of 170 N.W.2d 259 (People v. Jackson) 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. Jackson, 170 N.W.2d 259, 17 Mich. App. 675, 1969 Mich. App. LEXIS 1281 (Mich. Ct. App. 1969).

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Opinion

Per Curiam.

Defendant was convicted by a jury of breaking and entering a store on April 25, 1967, contrary to MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305), and thereafter was sentenced to 6-1/2 to 10 years in prison.

*676 At the trial, defendant conceded the breaking and entering, but presented the defense that he was too intoxicated to form the specific intent to commit a larceny or felony which was a necessary element of the statutory crime charged.

On appeal, defendant raises two issues. The first is did the trial court erroneously instruct the jury on the issue of intoxication as a defense? The other is did the remarks by the prosecution in closing argument constitute reversible error? No objection was made at the time of trial to either the court’s instruction, or the remarks made by the prosecutor. This Court will not entertain issues raised for the first time on appeal unless a clear injustice is demonstrated. GCR 1963, 516.2, People v. Omell (1968), 15 Mich App 154; People v. Keiswetter (1967), 7 Mich App 334; People v. Dexter (1967), 6 Mich App 247; People v. Willis (1965), 1 Mich App 428. The record herein does not demonstrate that there has been a miscarriage of justice.

Affirmed.

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Per Curiam.

Defendant was convicted by a jury of breaking and entering a store on April 25, 1967, contrary to MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305), and thereafter was sentenced to 6-1/2 to 10 years in prison.

*676 At the trial, defendant conceded the breaking and entering, but presented the defense that he was too intoxicated to form the specific intent to commit a larceny or felony which was a necessary element of the statutory crime charged.

On appeal, defendant raises two issues. The first is did the trial court erroneously instruct the jury on the issue of intoxication as a defense? The other is did the remarks by the prosecution in closing argument constitute reversible error? No objection was made at the time of trial to either the court’s instruction, or the remarks made by the prosecutor. This Court will not entertain issues raised for the first time on appeal unless a clear injustice is demonstrated. GCR 1963, 516.2, People v. Omell (1968), 15 Mich App 154; People v. Keiswetter (1967), 7 Mich App 334; People v. Dexter (1967), 6 Mich App 247; People v. Willis (1965), 1 Mich App 428. The record herein does not demonstrate that there has been a miscarriage of justice.

Affirmed.

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Bluebook (online)

170 N.W.2d 259, 17 Mich. App. 675, 1969 Mich. App. LEXIS 1281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jackson-michctapp-1969.

Opinion

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