People v. RONALD P. JOHNSON

Michigan Court of Appeals

People v. RONALD P. JOHNSON

253 N.W.2d 721, 74 Mich. App. 234, 1977 Mich. App. LEXIS 721

CourtMichigan Court of Appeals

DecidedMarch 28, 1977

DocketDocket 23326

StatusPublished

Cited by4 cases

This text of 253 N.W.2d 721 (People v. RONALD P. JOHNSON) 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. RONALD P. JOHNSON, 253 N.W.2d 721, 74 Mich. App. 234, 1977 Mich. App. LEXIS 721 (Mich. Ct. App. 1977).

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Opinions

Beasley, J.

Defendant was charged with first-degree murder; the jury returned a verdict of guilty to the lesser offense of manslaughter (MCLA 750.321; MSA 28.553). Defendant received a sentence of 5 to 15 years imprisonment and now appeals.

Defendant’s principal issue on appeal is that the trial court erred in refusing to direct a verdict for defendant on the charge of first-degree murder; the alleged error is based upon an assertion that the evidence of premeditation and deliberation presented at trial was insufficient to support a jury finding of guilty of first-degree murder. Prejudice is claimed in that submission to the jury of the alleged unwarranted charge of first-degree murder could lessen the chance of acquittal on a lesser included offense. People v Vail, 393 Mich 460; 227 NW2d 535 (1975).

An examination of the record does not support defendant’s assertions. One witness at trial testified that two series of shots were fired with a definite pause between the two series. The total number of shots was estimated to be eight to ten with four or five constituting the second series. A search of the apartment uncovered five empty rifle cartridges which had been fired from the weapon used by defendant. Examination of decedent revealed two bullet wounds in the front of the skull and one in the back, but no powder burns were present. Testimony was also offered that defendant [236]*236had told a police officer that he continued to shoot at decedent until the rifle jammed. Viewed as a whole, this evidence is sufficient for a jury to infer that defendant had time for the "second look” or reflection; a finding of premeditation, an essential element of first-degree murder, would, therefore, be possible. People v Treadwell, 63 Mich App 299; 234 NW2d 494 (1975), People v Meier, 47 Mich App 179; 209 NW2d 311 (1973), People v Morrin, 31 Mich App 301; 187 NW2d 434 (1971).

The other issues raised by defendant are without merit.

Affirmed.

D. C. Riley, P. J., concurred.

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Beasley, J.

Defendant was charged with first-degree murder; the jury returned a verdict of guilty to the lesser offense of manslaughter (MCLA 750.321; MSA 28.553). Defendant received a sentence of 5 to 15 years imprisonment and now appeals.

Defendant’s principal issue on appeal is that the trial court erred in refusing to direct a verdict for defendant on the charge of first-degree murder; the alleged error is based upon an assertion that the evidence of premeditation and deliberation presented at trial was insufficient to support a jury finding of guilty of first-degree murder. Prejudice is claimed in that submission to the jury of the alleged unwarranted charge of first-degree murder could lessen the chance of acquittal on a lesser included offense. People v Vail, 393 Mich 460; 227 NW2d 535 (1975).

An examination of the record does not support defendant’s assertions. One witness at trial testified that two series of shots were fired with a definite pause between the two series. The total number of shots was estimated to be eight to ten with four or five constituting the second series. A search of the apartment uncovered five empty rifle cartridges which had been fired from the weapon used by defendant. Examination of decedent revealed two bullet wounds in the front of the skull and one in the back, but no powder burns were present. Testimony was also offered that defendant [236]*236had told a police officer that he continued to shoot at decedent until the rifle jammed. Viewed as a whole, this evidence is sufficient for a jury to infer that defendant had time for the "second look” or reflection; a finding of premeditation, an essential element of first-degree murder, would, therefore, be possible. People v Treadwell, 63 Mich App 299; 234 NW2d 494 (1975), People v Meier, 47 Mich App 179; 209 NW2d 311 (1973), People v Morrin, 31 Mich App 301; 187 NW2d 434 (1971).

The other issues raised by defendant are without merit.

Affirmed.

D. C. Riley, P. J., concurred.

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Bluebook (online)

253 N.W.2d 721, 74 Mich. App. 234, 1977 Mich. App. LEXIS 721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ronald-p-johnson-michctapp-1977.

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