People v. Wolfe

Michigan Court of Appeals

People v. Wolfe

183 N.W.2d 393, 27 Mich. App. 223, 1970 Mich. App. LEXIS 1318

CourtMichigan Court of Appeals

DecidedOctober 6, 1970

DocketDocket 8,990

StatusPublished

Cited by3 cases

This text of 183 N.W.2d 393 (People v. Wolfe) 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. Wolfe, 183 N.W.2d 393, 27 Mich. App. 223, 1970 Mich. App. LEXIS 1318 (Mich. Ct. App. 1970).

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Opinion

Per Curiam.

Defendant Robert William Wolfe was tried before a judge Avithout a jury in Record *224 er’s Court in the city of Detroit for robbery armed— aiding and abetting. 1 He was found guilty and sentenced to serve from ten to twenty years in the state prison. Defendant appeals, contending that the evidence was not sufficient for the trial court to make a finding of guilty beyond a reasonable doubt. The basis for defendant’s appeal is an attack on the credibility of the three prosecution witnesses who placed the defendant at the scene of the crime.

The weight given to testimony is determined by the trier of fact and will not be reversed unless a clear preponderance of the evidence establishes an opposite finding. People v. Doris White (1965), 2 Mich App 104; People v. Szymanski (1948), 321 Mich 248; People v. Hogan (1967), 9 Mich App 78.

In the present case three witnesses placed defendant at the scene of the crime and one of the witnesses who pled guilty to a charge of unarmed robbery arising out of the same offense stated that the defendant drove the car and took a share of the stolen money. There is nothing in the record which would justify this court’s reversal of the trial court’s finding of fact.

Affirmed.

1

CL 1948, § 750.529, as amended by PA 1959, No 71 (Stat Ann 1970 Cum Supp § 28.797); CL 1948, § 767.39 (Stat Ann 1954 Rev § 28.979).

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Per Curiam.

Defendant Robert William Wolfe was tried before a judge Avithout a jury in Record *224 er’s Court in the city of Detroit for robbery armed— aiding and abetting. 1 He was found guilty and sentenced to serve from ten to twenty years in the state prison. Defendant appeals, contending that the evidence was not sufficient for the trial court to make a finding of guilty beyond a reasonable doubt. The basis for defendant’s appeal is an attack on the credibility of the three prosecution witnesses who placed the defendant at the scene of the crime.

The weight given to testimony is determined by the trier of fact and will not be reversed unless a clear preponderance of the evidence establishes an opposite finding. People v. Doris White (1965), 2 Mich App 104; People v. Szymanski (1948), 321 Mich 248; People v. Hogan (1967), 9 Mich App 78.

In the present case three witnesses placed defendant at the scene of the crime and one of the witnesses who pled guilty to a charge of unarmed robbery arising out of the same offense stated that the defendant drove the car and took a share of the stolen money. There is nothing in the record which would justify this court’s reversal of the trial court’s finding of fact.

Affirmed.

1

CL 1948, § 750.529, as amended by PA 1959, No 71 (Stat Ann 1970 Cum Supp § 28.797); CL 1948, § 767.39 (Stat Ann 1954 Rev § 28.979).

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Bluebook (online)

183 N.W.2d 393, 27 Mich. App. 223, 1970 Mich. App. LEXIS 1318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wolfe-michctapp-1970.

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