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. BROWN

PER CURIAM.

Defendant appeals from his conviction of carrying a firearm or dangerous weapon with unlawful intent. CL 1948, § 750.226 (Stat Ann 1962 Rev § 28.423). His sole contention is that there was not sufficient evidence to convict him of the crime charged.

At trial two Detroit policemen testified that they heard a shot and ran in the direction of the report. They observed two men, Powers and Payne, fighting near a bar called the Purple Onion. Defendant was seen standing nearby the combatants with a partially loaded automatic pistol in his hand. A witness, Mr. Payne, one of the participants in the fight, stated that he heard Mr. Powers, the man with whom he was fighting, yell to someone nearby to shoot him (Payne).

Based on the facts contained in the record, it was permissible to infer criminal intent. People v. Griffin (1889), 77 Mich. 585; People v. Gollman (1966), 3 Mich. App. 463; and People v. Dugger (1968), 14 Mich. App. 270. Furthermore, in cases tried without a jury the trial judge is the trier of the facts, and this Court will not reverse him unless evidence clearly preponderates in a direction opposite to his finding of fact. See People v. Doris White (1965), 2 Mich. App. 104; and 2 Gillespie, Michigan Criminal Law and Procedure (2d ed), § 630, p 815.

Affirmed.

Use AI to get other relevant cases.

Comments

PEOPLE v. BROWN
(Dec 8, 1969)