People v. Mitchell

Michigan Court of Appeals

People v. Mitchell

164 N.W.2d 762, 13 Mich. App. 636, 1968 Mich. App. LEXIS 1127

CourtMichigan Court of Appeals

DecidedOctober 22, 1968

DocketDocket No. 4,871

StatusPublished

This text of 164 N.W.2d 762 (People v. Mitchell) 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. Mitchell, 164 N.W.2d 762, 13 Mich. App. 636, 1968 Mich. App. LEXIS 1127 (Mich. Ct. App. 1968).

Pincite

Opinion

Per Curiam.

Defendant was convicted by a jury of assault with a deadly weapon, a knife, but without intent to commit murder, and without intent to in[637]*637flict great bodily harm less than mnrder, CL 1948, § 750.82 (Stat Ann 1962 Rev § 28.277), and he was sentenced.

When arrested about 6 hours after the assault, defendant was carrying in addition to the knife involved, a hunting knife and sheath, a blackjack and 2 pistols. At trial, the arresting officer was permitted to testify, over objection, that defendant had these other weapons on his person when arrested. Defendant admitted the stabbing but claimed it was accidental.

On appeal, defendant contends the admission of this testimony concerning other weapons was improper and so prejudicial as to deny him a fair trial. We hold such testimony admissible under the provisions of CL 1948, § 768.27 (Stat Ann 1954 Rev § 28.1050).

Affirmed.

Quinn, P. J., and Holbrook and Vander Wal, JJ., concurred.

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