Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

PEOPLE v. PORCHIA

PER CURIAM.

By leave granted, defendant appeals his conviction and sentence for incest, MCLA § 750.333 (Stat Ann 1954 Rev § 28.565). He was convicted on his plea of guilty, February 11, 1964. His appeal attacks the plea-taking procedure on several grounds, but we note only one because it mandates reversal.

Neither the plea transcript nor the sentencing transcript contains any questioning of defendant to establish the crime and his participation therein. GCR 1963, 785.3, and MCLA § 768.35 (Stat Ann 1954 Rev § 28.1058) require such questioning, and failure to do so is reversible error. People v. Barrows (1959), 358 Mich. 267.

Reversed and remanded for such further proceedings as may be required.

Use AI to get other relevant cases.

Comments

PEOPLE v. PORCHIA
(Jan 29, 1970)