People v. Sanders

Michigan Court of Appeals

People v. Sanders

28 Mich. App. 510

CourtMichigan Court of Appeals

DecidedDecember 7, 1970

DocketDocket No. 8446

StatusPublished

Cited by3 cases

This text of 28 Mich. App. 510 (People v. Sanders) 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. Sanders, 28 Mich. App. 510 (Mich. Ct. App. 1970).

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Opinion

Per Curiam.

Defendant appeals his nonjury conviction of larceny in a building. MCLA § 750.360 (Stat Ann 1954 Bev § 28.592).

Defendant claims error in plaintiff’s failure to indorse and produce an alleged res gestae witness,¹ a co-defendant whose case was subsequently dismissed. The rule requiring the people to indorse on the information and call all res gestae witnesses does not apply to accomplices. People v. Virgil Brown (1969), 15 Mich App 600; People v. Chaney (1970), 21 Mich App 120; People v. Leroy Morgan (1970), 24 Mich App 660.

Defendant also alleges that the evidence was insufficient to support the verdict. An accused’s guilt may be proved inferentially. People v. Moceri (1940), 294 Mich 483. We are satisfied that the evidence taken as a whole, including reasonable inferences therefrom, supports the trial court’s finding that the defendant was guilty beyond a reasonable doubt. People v. Helcher (1968), 14 Mich App 386.

Affirmed.

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Per Curiam.

Defendant appeals his nonjury conviction of larceny in a building. MCLA § 750.360 (Stat Ann 1954 Bev § 28.592).

Defendant claims error in plaintiff’s failure to indorse and produce an alleged res gestae witness,¹ a co-defendant whose case was subsequently dismissed. The rule requiring the people to indorse on the information and call all res gestae witnesses does not apply to accomplices. People v. Virgil Brown (1969), 15 Mich App 600; People v. Chaney (1970), 21 Mich App 120; People v. Leroy Morgan (1970), 24 Mich App 660.

Defendant also alleges that the evidence was insufficient to support the verdict. An accused’s guilt may be proved inferentially. People v. Moceri (1940), 294 Mich 483. We are satisfied that the evidence taken as a whole, including reasonable inferences therefrom, supports the trial court’s finding that the defendant was guilty beyond a reasonable doubt. People v. Helcher (1968), 14 Mich App 386.

Affirmed.

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Bluebook (online)

28 Mich. App. 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanders-michctapp-1970.

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