People v. Spalla

269 N.W.2d 259, 83 Mich. App. 661, 1978 Mich. App. LEXIS 2358
CourtMichigan Court of Appeals
DecidedJune 5, 1978
DocketDocket 31488
StatusPublished
Cited by13 cases

This text of 269 N.W.2d 259 (People v. Spalla) 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. Spalla, 269 N.W.2d 259, 83 Mich. App. 661, 1978 Mich. App. LEXIS 2358 (Mich. Ct. App. 1978).

Opinions

Bashara, P. J.

Defendant appeals from a jury verdict convicting him of first-degree murder.1 The information alleged an open charge of murder, but cited the first-degree murder statute.2

It is claimed by defendant that there was insufficient evidence presented to support the issuance of a complaint and warrant for his arrest. When arraigned on the information, defendant entered a plea without raising this objection. Consequently, if there was any defect in the complaint and warrant, it was thereby waived. People v Licavoli, 256 Mich 229, 231; 239 NW 292 (1931), People v Dowd, 44 Mich 488; 7 NW 71 (1880), People v Bohm, 49 Mich App 244, 250; 212 NW2d 61 (1973), lv den, 397 Mich 877 (1976).

A pre-trial motion to quash the information was made by defendant on the basis that insufficient [664]*664evidence was presented at the preliminary examination on the element of premeditation and deliberation to permit a trial on the charge of first-degree murder. Defendant contends that denial of that motion was erroneous. In conjunction with this claim, defendant further argues that it was error for the magistrate to submit defendant for trial on a charge of murder without specifying the degree.

As to the latter contention, it is important to recognize that the purpose of an information is to advise the accused of the offense with which he is charged. People v Rios, 386 Mich 172, 175; 191 NW2d 297 (1971), People v Gould, 237 Mich 156, 164; 211 NW 346 (1926). In People v Treichel, 229 Mich 303; 200 NW 950 (1924), the Court held that an information charging the defendant with murder, but not specifying the degree or circumstances, was a sufficient basis for finding him guilty of either first- or second-degree murder. Id. at 307-308. Accordingly, the information in the instant case was sufficient to advise the defendant that he must prepare to defend himself against both first- and second-degree murder.

This conclusion also finds support from the case of Sneed v People, 38 Mich 248 (1878), where it was held that an indictment charging the defendant with "murder” was sufficient to encompass first-degree murder.3 Id. at 251-252. We, therefore, [665]*665conclude that the magistrate was not required to specify the degree of murder charged, even though a request for such particularization was made by the defendant. When the charge encompasses first-degree murder the ultimate finding as to degree is for the jury. See MCL 750.318; MSA 28.550; cf. People v Carter, 395 Mich 434, 438; 236 NW2d 500 (1975).

We also find that the evidence presented at the preliminary examination as to premeditation and deliberation was sufficient to warrant a denial of defendant’s motion to quash the information. Although the evidence presented by the prosecution was entirely circumstantial, that alone would not preclude the jury from finding the element of premeditation and deliberation. People v Hoffmeister, 394 Mich 155, 158-159; 229 NW2d 305 (1975). The defendant’s state of mind may be inferred from his conduct within the context of the circumstances shown by the evidence. Id.

In the instant case, testimony was presented which, if believed by the jury, would establish that the defendant and decedent left the decedent’s residence together in a bronze compact automobile, borrowed by defendant from his friend. Defendant stated, in the presence of one witness, that he and the decedent were going to an area near Lake Orion. Approximately 20 to 30 minutes thereafter, another witness, while on his property in a secluded area near Lake Orion, heard three gun shots. He then observed a bronze compact automobile drive out from a nearby field and speed away from the area. When the witness went over to the area from which he observed it drive away, he found the decedent’s body.

Crime laboratory investigators obtained tire tread impressions and measurements from the [666]*666area where decedent’s body was found. Those impressions and measurements matched the tread style and wheel base of the car defendant borrowed from his friend.

Additional circumstantial evidence was presented as to the distances allegedly traveled by defendant, the time required to traverse those distances, and the sequence of events before and after the occasion of decedent’s death. It is our conclusion that this array of evidence was sufficient to allow a trier of fact to infer that the defendant planned the excursion to a secluded area with the intent to kill the decedent. Therefore, the court’s denial of defendant’s motion to quash the information was proper. Proof of the corpus delicti and defendant’s guilt may rest upon circumstantial evidence. People v Barron, 381 Mich 421, 426; 163 NW2d 219 (1968), People v Hawksley, 82 Mich 71, 73; 45 NW 1123 (1890).

At trial the prosecutor, in his opening statement, indicated that he would show the motive for the murder was to collect the proceeds of the insurance on decedent’s life. As part of the motive evidence, the prosecutor called the decedent’s wife as a witness. He attempted to elicit testimony showing her close relationship with defendant. The prosecutor then asked whether she had previously stated to a named friend that she would share the life insurance proceeds from decedent’s death with whomever she could find to kill him. She denied making any statement of that nature.

One of the following prosecution witnesses was the friend of the decedent’s wife named in the latter inquiry. She testified, over the defendant’s objection, that approximately 9 to 12 months prior to his death, decedent’s wife had made the claimed statement. The trial court instructed the jury that [667]*667they were to consider such testimony only for the purpose of assessing the credibility of decedent’s wife. Defendant maintains that in permitting the prosecutor to impeach the credibility of his own witness, the trial court committed reversible error.

Our state’s jurisprudence continues to adhere to the archaic common law prohibition against a party’s impeachment of his own witness’s credibility. People v White, 401 Mich 482, 508; 257 NW2d 912 (1977). Notwithstanding the resounding criticism of the rule4 and its abrogation in numerous jurisdictions,5 it has been codified, along with its exceptions, in our recently adopted rules of evidence.6 The exceptions are not applicable to the [668]*668instant case. Consequently, it was error for the trial court to allow the prosecution to impeach the credibility of its witness.

However, our inquiry cannot cease with that conclusion. We must assess whether that error resulted in undue prejudice to defendant’s right to a fair trial, or whether it was harmless beyond a reasonable doubt. People v Robinson, 386 Mich 551, 562-563; 194 NW2d 709 (1972), People v Smith, 363 Mich 157, 164; 108 NW2d 751 (1961).

In People v White, supra, the impeachment evidence was found to be so prejudicial that the jury could not be relied upon to follow the admonition of the trial court’s instruction limiting its use to credibility assessment. Id. at 510.

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398 N.W.2d 219 (Michigan Supreme Court, 1986)
Spalla v. Foltz
615 F. Supp. 224 (E.D. Michigan, 1985)
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307 N.W.2d 357 (Michigan Court of Appeals, 1981)
People v. Johnson
303 N.W.2d 908 (Michigan Court of Appeals, 1981)
People v. Medina
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People v. King
288 N.W.2d 377 (Michigan Court of Appeals, 1979)
People v. Spalla
269 N.W.2d 259 (Michigan Court of Appeals, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
269 N.W.2d 259, 83 Mich. App. 661, 1978 Mich. App. LEXIS 2358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spalla-michctapp-1978.