People v. McDonald

Michigan Court of Appeals

People v. McDonald

169 N.W.2d 148, 17 Mich. App. 88, 1969 Mich. App. LEXIS 1156

CourtMichigan Court of Appeals

DecidedApril 22, 1969

DocketDocket 5,297

StatusPublished

Cited by3 cases

This text of 169 N.W.2d 148 (People v. McDonald) 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. McDonald, 169 N.W.2d 148, 17 Mich. App. 88, 1969 Mich. App. LEXIS 1156 (Mich. Ct. App. 1969).

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Opinion

*89 Per Curiam.

Paul M. McDonald was convicted of first-degree murder by jury in Oakland county circuit court. CL 1948, § 750.316 (Stat Ann 1954 Rev § 28.548). He was sentenced to life imprisonment on February 13, 1968. During trial, motion for mistrial was made on tbe basis that certain proposed pictorial exhibits bad been seen by some of tbe jurors while in tbe bands of a witness. The motion was denied, and some of tbe pictures were admitted into evidence, while one was rejected.

On appeal tbe sole claim of error is that denial of tbe motion for mistrial was an abuse of discretion. Tbe people have filed a brief and a motion to affirm.

After reviewing the briefs of tbe parties, tbe motion to affirm, and tbe trial record, we have concluded that tbe record does not show affirmatively fácts upon which an inference of prejudice may be based. A mistrial should not be declared in consequence of any mere irregularity which is not prejudicial to tbe rights of defendant. People v. Qualls (1968), 9 Mich App 689, 693. Alleged errors in tbe conduct of tbe trial will not be reviewed unless tbe facts connected therewith so appear in tbe record that tbe Court can see that accused has been prejudiced. People v. Nick (1960), 360 Mich 219, 229, 230.

Affirmed.

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*89 Per Curiam.

Paul M. McDonald was convicted of first-degree murder by jury in Oakland county circuit court. CL 1948, § 750.316 (Stat Ann 1954 Rev § 28.548). He was sentenced to life imprisonment on February 13, 1968. During trial, motion for mistrial was made on tbe basis that certain proposed pictorial exhibits bad been seen by some of tbe jurors while in tbe bands of a witness. The motion was denied, and some of tbe pictures were admitted into evidence, while one was rejected.

On appeal tbe sole claim of error is that denial of tbe motion for mistrial was an abuse of discretion. Tbe people have filed a brief and a motion to affirm.

After reviewing the briefs of tbe parties, tbe motion to affirm, and tbe trial record, we have concluded that tbe record does not show affirmatively fácts upon which an inference of prejudice may be based. A mistrial should not be declared in consequence of any mere irregularity which is not prejudicial to tbe rights of defendant. People v. Qualls (1968), 9 Mich App 689, 693. Alleged errors in tbe conduct of tbe trial will not be reviewed unless tbe facts connected therewith so appear in tbe record that tbe Court can see that accused has been prejudiced. People v. Nick (1960), 360 Mich 219, 229, 230.

Affirmed.

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169 N.W.2d 148, 17 Mich. App. 88, 1969 Mich. App. LEXIS 1156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcdonald-michctapp-1969.

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