People v. Koontz
This text of 180 N.W.2d 202 (People v. Koontz) 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.
Opinion
Defendant, with retained counsel, was tried by the court sitting without a jury and *337 found guilty on the charge of attempted breaking and entering with intent to commit a felony contrary to MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305) and MCLA § 750.92 (Stat Ann 1962 Rev § 28.287).
On appeal it is contended that the evidence was insufficient to support the verdict of guilty beyond a reasonable doubt. Second, it is alleged that the lower court erred in allowing defendant to be cross-examined relative to previous felony convictions. The people have filed a motion to affirm the conviction.
A complete review of the entire lower court record leaves no doubt that the evidence was sufficient to support the verdict. Moreover, the defendant having taken the witness stand, his credibility was in issue. Evidence of prior convictions is admissible for this purpose. MCLA § 600.2158 (Stat Ann 1962 Rev § 27A.2158); People v. Roney (1967), 7 Mich App 678, 683. The questions presented are unsubstantial.
The motion to affirm is granted.
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Cite This Page — Counsel Stack
180 N.W.2d 202, 24 Mich. App. 336, 1970 Mich. App. LEXIS 1714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-koontz-michctapp-1970.