People v. Lyttle

Michigan Court of Appeals

People v. Lyttle

198 N.W.2d 40, 39 Mich. App. 544, 1972 Mich. App. LEXIS 1466

CourtMichigan Court of Appeals

DecidedMarch 28, 1972

DocketDocket 10413, 11523

StatusPublished

Cited by1 cases

This text of 198 N.W.2d 40 (People v. Lyttle) 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. Lyttle, 198 N.W.2d 40, 39 Mich. App. 544, 1972 Mich. App. LEXIS 1466 (Mich. Ct. App. 1972).

Pincite

Opinion

*545 Per Curiam.

Defendants were tried and convicted of armed robbery, MCLA 750.529; MSA 28.-797; they appeal as of right.

Three issues are raised on the appeal. Two of the issues relate to alleged tainted in-court identification. People v Childers, 20 Mich App 639 (1969) and People v Piscunere, 26 Mich App 52 (1970) control these issues and no further discussion of them is warranted. Neither discloses error.

The last issue raised is whether the trial court committed reversible error when it admitted into evidence a shotgun which was taken from under the seat of the defendants’ automobile. No motion to suppress was made prior to trial, so this issue was not properly preserved for appeal. People v George Martin, 31 Mich App 624 (1971).

The trial court, however, did take proofs on the issue to decide if there was an illegal search and seizure. After hearing the testimony, the trial court decided there was not an illegal search and seizure and the weapon was admitted. A review of the record does not disclose reversible error by the trial court on this issue.

Convictions affirmed.

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