People v. Pollard

Michigan Court of Appeals

People v. Pollard

197 N.W.2d 546, 39 Mich. App. 291, 1972 Mich. App. LEXIS 1431

CourtMichigan Court of Appeals

DecidedMarch 22, 1972

DocketDocket 10946

StatusPublished

Cited by3 cases

This text of 197 N.W.2d 546 (People v. Pollard) 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. Pollard, 197 N.W.2d 546, 39 Mich. App. 291, 1972 Mich. App. LEXIS 1431 (Mich. Ct. App. 1972).

Pincite

Opinion

Levin, P. J.

The defendant, Eugene Pollard, appeals his conviction of leaving the scene of a fatal automobile accident. MCLA 257.617; MSA 9.2317.

The assignments of error concern (1) the cross-examination of the defendant — who took the stand in his own defense — concerning his prior conviction record; and (2) the prosecutor’s closing arguments.

As a general proposition, the prior conviction record of a witness — including a defendant in a criminal case who takes the stand to testify in his own behalf —is admissible to impeach his credibility. In this case the defendant’s trial lawyer brought out on direct examination that the defendant had previously been arrested and convicted of crime. In contrast with People v Farrar, 36 Mich App 294, 306 (1971), in this case the trial judge was not asked to exclude, in the exercise of discretion, reference to the defendant’s conviction record.

Nor do we find, on careful examination of the closing arguments, any merit in the contention that the prosecutor appealed to passion or prejudice in his closing arguments.

Affirmed.

All concurred.

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Levin, P. J.

The defendant, Eugene Pollard, appeals his conviction of leaving the scene of a fatal automobile accident. MCLA 257.617; MSA 9.2317.

The assignments of error concern (1) the cross-examination of the defendant — who took the stand in his own defense — concerning his prior conviction record; and (2) the prosecutor’s closing arguments.

As a general proposition, the prior conviction record of a witness — including a defendant in a criminal case who takes the stand to testify in his own behalf —is admissible to impeach his credibility. In this case the defendant’s trial lawyer brought out on direct examination that the defendant had previously been arrested and convicted of crime. In contrast with People v Farrar, 36 Mich App 294, 306 (1971), in this case the trial judge was not asked to exclude, in the exercise of discretion, reference to the defendant’s conviction record.

Nor do we find, on careful examination of the closing arguments, any merit in the contention that the prosecutor appealed to passion or prejudice in his closing arguments.

Affirmed.

All concurred.

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Bluebook (online)

197 N.W.2d 546, 39 Mich. App. 291, 1972 Mich. App. LEXIS 1431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pollard-michctapp-1972.

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