People v. Roger Johnson

172 N.W.2d 369, 382 Mich. 632, 1969 Mich. LEXIS 135
CourtMichigan Supreme Court
DecidedDecember 1, 1969
DocketCalendar 11, Docket 52,198
StatusPublished
Cited by30 cases

This text of 172 N.W.2d 369 (People v. Roger Johnson) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Roger Johnson, 172 N.W.2d 369, 382 Mich. 632, 1969 Mich. LEXIS 135 (Mich. 1969).

Opinions

Adams, J.

On October 24,1965 a stabbing occurred in a hallway outside a dining room in Jackson prison. Prank Clark, a prison inmate, died as a result of knife wounds inflicted by defendant. The defendant, Boger Johnson, was proceeded against upon an information charging him with murder. He was found guilty of murder in the second degree by jury verdict.

On appeal to the Court of Appeals, that Court held that the cross-examination of defendant by the prosecutor was improper and that the prosecutor’s final argument to the jury with regard to the law as to self-defense constituted prejudicial error. The Court of Appeals reversed and remanded. 13 Mich App 69. Upon application to this Court by the prosecuting attorney for Jackson county, leave to appeal was granted. 381 Mich 803. Six questions were presented. They will be dealt with in the sequence in which they arose during the course of the trial.

1.

Was error committed by the prosecutor’s examination of defendant in regard to separate, distinct, and unrelated offensesf

The following is contained in the defense’s opening statement:

[638]*638“Now, we will bring out through the testimony of this witness, the defendant, who will take the stand, incidentally, something about his background, such as will be material to you so that you can get some idea of what kind of man the defendant is.”

During direct examination of defendant by his attorney, it was brought out that defendant was an inmate at the State Prison of Southern Michigan because of a murder which was committed while defendant was with someone who killed another fellow.

Upon cross-examination, defendant was asked:

“Q. Would you characterize yourself as a calm man or an excitable one?

“A. I characterize myself as being calm.”

Thereupon, without objection, defendant was questioned with regard to various incidents that had occurred in prison involving prison guards and convicts. The questioning by the prosecutor was straightforward. Defendant was simply asked to tell about or to explain incidents inside the prison that would make him irritable.

Finally, he was questioned with regard to an incident that occurred on May 18, 1966. The objection made by his counsel was sustained by the court, the judge ruling that the incident was too far beyond the date when the stabbing occurred.

The prosecutor then endeavored to go into an incident that occurred about a month before the stabbing. An objection was again made. The objection was overruled. The court stated:

“The only purpose for which they are being offered is on this question of the disposition of the defendant, which is already in issue now. It is in the record.

“I assume that is the only purpose it is being offered. Is that correct? ■ * * *

[639]*639“The Court: The jury will so understand that is the only purpose they are being offered for. They are not substantive proof and shall not be considered so by the jury as to the commission of the offense on October 24, 1965, the stabbing, an alleged stabbing, I am referring to.”

The prosecutor then proceeded to question the defendant with regard to a number of incidents, all of which occurred prior to the stabbing on October 24, 1965. One of the passages in this cross-examination is the following:

“Q. O.K. Then, December 24, 1964, you were written up for assault on another convict. Do you remember that?

“A. 24?

“Q. 1964.

“A. What?

“Q. December 24th.

“A. December. Yes.

“Q. Do you remember having an argument?

“A. Yes.

“Q. You called it not an argument. You called it a discussion in talking to the officer, and you told — ■ the officer separated you, and then you followed the other man and had a fight after the officer left. Do you remember that?

“A. Yes, we did.

“Q. Can you explain that?

“A. It was a fight.

“Q. You were going' to settle something man to man, is that right?

“A. He requested the fight.

“Q. Any time somebody requests to fight, you go along- with it, is that right?

“A. No, I don’t. I would try and avoid it to the best of my ability.

“Q. In this case you followed him?

“A. We was going in the same direction. The fellows separated us.”

[640]*640Following the above questioning when the prosecuting attorney attempted to go into an incident that occurred three months after the stabbing, upon objection that “incidents that occurred subsequent to this matter” would be irrelevant and immaterial, the court ruled, as before, that such incidents were too remote and this line of questioning concluded.

The testimony on cross-examination has been presented at some length in view of the holding of the Court of Appeals that “Such conduct by the prosecutor, in this case, created a highly prejudicial atmosphere for the defendant.” 13 Mich App 69, 72.

As a general rule, the extent and control of cross-examination in a prosecution for a crime is left .largely to the sound discretion of the trial court. People v. Fedderson (1950), 327 Mich 213. If derogatory questions are put to a witness, it is for the trial court to control such conduct (People v. Davis [1912], 171 Mich 241), and its rulings will not be reversed except on a showing of abuse of discretion.

When a defendant takes the stand, he waives his constitutional right to refuse to answer any question that may be material to the case and which would, in the case of any other witness, be legitimate cross-examination. People v. Dupounce (1903), 133 Mich 1. In this case, the entire trial revolved around the question as to whether or not defendant had stabbed in self-defense or had committed murder.

In deciding the question of proper cross-examination of defendant as to other incidents, the Court of Appeals considered the, following cases decided by this Court:

People v. Boske (1922), 221 Mich 129, 135, states “an accused’s character or reputation cannot be put in issue by the State.” In the present case, defendant’s character was placed in issue by the defense in the opening statement.

[641]*641In People v. Hill (1932), 258 Mich 79, on cross-examination of defendant’s good character witnesses, the prosecuting attorney asked questions with regard to incidents he assumed the witnesses knew nothing about but which the prosecutor suggested might subsequently be developed during the trial. The cross-examination was held to be improper since it did not go to test the witnesses’ credibility or knowledge of defendant’s reputation and good character.

In People v. Pinkerton (1889), 79 Mich 110, testimony of various persons that tended to vilify the respondent was used to convict the respondent of keeping a house of ill fame.

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Bluebook (online)
172 N.W.2d 369, 382 Mich. 632, 1969 Mich. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roger-johnson-mich-1969.