People v. King

Michigan Supreme Court

People v. King

188 N.W.2d 538, 385 Mich. 274, 1971 Mich. LEXIS 189

CourtMichigan Supreme Court

DecidedJuly 7, 1971

Docket29 April Term 1971, Docket No. 52,808

StatusPublished

Cited by2 cases

This text of 188 N.W.2d 538 (People v. King) 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. King, 188 N.W.2d 538, 385 Mich. 274, 1971 Mich. LEXIS 189 (Mich. 1971).

Pincite

Opinion

Swainson, J.

Defendant William Preston King was charged with assault with intent to commit *275 murder. The charge arose from a fight in a crowded barroom. During the fight, complainant, Emmett Williams, was allegedly shot by defendant. The trial court, sitting without a jury, convicted defendant of assault with intent to do great bodily harm less than murder. The defendant was sentenced to 9-1/2 to 10 years in prison. Defendant’s motion for new trial was denied, and the Court of Appeals affirmed his conviction. (23 Mich App 16.) We granted leave to appeal. (384 Mich 757.)

During the trial, the following brief colloquy toot place between the assistant prosecutor and the court:

“Mr. Tatken: May I have the transcript of the examination?

“The Court: Yes, as soon as I finish it.”

We have held in People v. Ramsey (1971), 385 Mich 221, that it is reversible error for the trial court, without regard to the statutory provisions of MCLA § 768.26 (Stat Ann 1954 Rev § 28.1049), to examine the contents of the transcript of the preliminary examination. Therefore, for the reasons given in the Ramsey case we reverse the conviction of defendant in the instant case and remand for new trial.

T. M. Kavanagh, C. J., and Black, Adams, T. E. Brennan, T. G. Kavanagh, and Williams, JJ., concurred with Swainson, J.

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Swainson, J.

Defendant William Preston King was charged with assault with intent to commit *275 murder. The charge arose from a fight in a crowded barroom. During the fight, complainant, Emmett Williams, was allegedly shot by defendant. The trial court, sitting without a jury, convicted defendant of assault with intent to do great bodily harm less than murder. The defendant was sentenced to 9-1/2 to 10 years in prison. Defendant’s motion for new trial was denied, and the Court of Appeals affirmed his conviction. (23 Mich App 16.) We granted leave to appeal. (384 Mich 757.)

During the trial, the following brief colloquy toot place between the assistant prosecutor and the court:

“Mr. Tatken: May I have the transcript of the examination?

“The Court: Yes, as soon as I finish it.”

We have held in People v. Ramsey (1971), 385 Mich 221, that it is reversible error for the trial court, without regard to the statutory provisions of MCLA § 768.26 (Stat Ann 1954 Rev § 28.1049), to examine the contents of the transcript of the preliminary examination. Therefore, for the reasons given in the Ramsey case we reverse the conviction of defendant in the instant case and remand for new trial.

T. M. Kavanagh, C. J., and Black, Adams, T. E. Brennan, T. G. Kavanagh, and Williams, JJ., concurred with Swainson, J.

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Bluebook (online)

188 N.W.2d 538, 385 Mich. 274, 1971 Mich. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-king-mich-1971.

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