People v. James Johnson

Michigan Court of Appeals

People v. James Johnson

182 N.W.2d 92, 26 Mich. App. 314, 1970 Mich. App. LEXIS 1447

CourtMichigan Court of Appeals

DecidedAugust 27, 1970

DocketDocket 6,933

StatusPublished

Cited by2 cases

This text of 182 N.W.2d 92 (People v. James Johnson) 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. James Johnson, 182 N.W.2d 92, 26 Mich. App. 314, 1970 Mich. App. LEXIS 1447 (Mich. Ct. App. 1970).

Pincite

Opinion

Per Curiam.

Defendant James Johnson was charged with armed robbery 1 and kidnapping. 2 He was tried by a jury and was found not guilty of kidnapping, but was convicted of armed robbery and sentenced.

After leaving a bar, the complainant met defendant at the complainant’s car and they left together, the complainant driving. While in the car, the complainant gave some of his valuables to defendant. The complainant alleges that defendant held him up. Defendant alleges that the complainant, apprehensive of robbery, asked defendant to take the valuables for safekeeping.

There are three issues raised on appeal. First, whether the evidence failed to prove the guilt of the defendant beyond a reasonable doubt. Our review of the record discloses sufficient evidence, if believed by the jury, to establish defendant’s guilt beyond a reasonable doubt. People v. Fred W. Thomas (1967), 7 Mich App 519.

The second issue is whether there was perjured testimony by the complaining witness which denied the defendant the fundamentals of a fair trial. The record discloses variance in complainant’s testimony in the complaint, at preliminary examination, and at trial. It does not disclose perjury. 3

The final issue on appeal is whether at the time of the Walker hearing, the court erred reversibly in not advising defendant of his right to take the stand for the limited purpose of making a record *316 of his version of the taking of the confession. People v. Walker (On Rehearing, 1965), 374 Mich 331. Walker imposes no such obligation on the trial court, nor do we find any case that does. Defendant was represented by able counsel and defendant makes no claim that his attorney did not fully advise him as to his rights. We find no error.

Affirmed.

1

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

2

MCLA § 750.349 (Stat Ann 1954 Rev § 28.581).

3

People v. Williams (1965), 1 Mich App 441, leave to appeal denied 377 Mich 705.

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Per Curiam.

Defendant James Johnson was charged with armed robbery 1 and kidnapping. 2 He was tried by a jury and was found not guilty of kidnapping, but was convicted of armed robbery and sentenced.

After leaving a bar, the complainant met defendant at the complainant’s car and they left together, the complainant driving. While in the car, the complainant gave some of his valuables to defendant. The complainant alleges that defendant held him up. Defendant alleges that the complainant, apprehensive of robbery, asked defendant to take the valuables for safekeeping.

There are three issues raised on appeal. First, whether the evidence failed to prove the guilt of the defendant beyond a reasonable doubt. Our review of the record discloses sufficient evidence, if believed by the jury, to establish defendant’s guilt beyond a reasonable doubt. People v. Fred W. Thomas (1967), 7 Mich App 519.

The second issue is whether there was perjured testimony by the complaining witness which denied the defendant the fundamentals of a fair trial. The record discloses variance in complainant’s testimony in the complaint, at preliminary examination, and at trial. It does not disclose perjury. 3

The final issue on appeal is whether at the time of the Walker hearing, the court erred reversibly in not advising defendant of his right to take the stand for the limited purpose of making a record *316 of his version of the taking of the confession. People v. Walker (On Rehearing, 1965), 374 Mich 331. Walker imposes no such obligation on the trial court, nor do we find any case that does. Defendant was represented by able counsel and defendant makes no claim that his attorney did not fully advise him as to his rights. We find no error.

Affirmed.

1

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

2

MCLA § 750.349 (Stat Ann 1954 Rev § 28.581).

3

People v. Williams (1965), 1 Mich App 441, leave to appeal denied 377 Mich 705.

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Bluebook (online)

182 N.W.2d 92, 26 Mich. App. 314, 1970 Mich. App. LEXIS 1447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-james-johnson-michctapp-1970.

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