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People v. Acosta

People v. Acosta, 167 N.W.2d 897 (Mich. Ct. App. 1969)
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Court
Michigan Court of Appeals · State Appellate Courts
Decided
February 27, 1969
Docket
No. 4,729
Judges
Quinn, McGregor, Brennan
Citations
167 N.W.2d 89716 Mich. App. 2491969 Mich. App. LEXIS 1359
Cited by 6 2 descriptions by later courts

Opinion — Per Curiam

Per Curiam.

Defendant appeals his jury trial conviction of first-degree murder and life sentence on 4 grounds.

The first error asserted is the refusal of the trial judge to ask certain questions requested by defendant on voir dire examination of the jury. The defendant announced satisfaction with the jury at the close of the voir dire examination. If there was any error in refusing to put the requested questions, it was waived.

People v. Lambo (1967), 8 Mich App 320 .

Over defendant’s objection, 2 photographs of the victim were admitted at trial. Defendant says this was reversible error.

People v. Becker (1942), 300 Mich 562 ( 139 ALR 1171 ), People v. Freeman (1965), 1 Mich App 63 , and People v. Clark (1967), 5 Mich App 672 , all hold contrary to defendant’s position.

Defendant’s contention that the police suppressed certain evidence, a quantity of pills, is not accurate. This evidence was furnished defendant on day of trial by the prosecution, although the police had refused to give defendant the evidence prior thereto. Defendant did not seek the aid of the court to obtain the evidence. He did not request an adjournment because of the late receipt of this evidence; he did not ask for a mistrial; nor did he have the evidence analyzed or offered in evidence. No rever sible error is shown.

*251 Finally, defendant contends reversible error was committed by the trial judge’s refusal to give requested instructions and his failure to instruct on intent. The requests were not proper on this record. The crime of first-degree murder is not a specific intent crime, People v. Guillett (1955), 342 Mich 1 , and there is no proof of defendant’s insanity. The court did instruct generally on intent.

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 6 cases

View all citing references →
1973: 11974: 11991: 11992: 11996: 12001: 119732026peak 1973 · 1

Relies on it most ⓘ

  1. People v. Johnson631 N.W.2d 1 (Mich. Ct. App. 2001)
  2. People v. Hubbard552 N.W.2d 493 (Mich. Ct. App. 1996)
  3. People v. Garcia214 N.W.2d 544 (Mich. Ct. App. 1974)
  4. Acosta v. Makowski756 F. Supp. 1018 (E.D. Mich. 1991)
  5. Porfidio Ray Acosta v. John Makowski959 F.2d 233 (6th Cir. 1992)
  6. People v. Jones206 N.W.2d 453 (Mich. Ct. App. 1973)

Most recent

  1. People v. Johnson631 N.W.2d 1 (Mich. Ct. App. 2001)
  2. People v. Hubbard552 N.W.2d 493 (Mich. Ct. App. 1996)
  3. Porfidio Ray Acosta v. John Makowski959 F.2d 233 (6th Cir. 1992)
  4. Acosta v. Makowski756 F. Supp. 1018 (E.D. Mich. 1991)
  5. People v. Garcia214 N.W.2d 544 (Mich. Ct. App. 1974)
  6. People v. Jones206 N.W.2d 453 (Mich. Ct. App. 1973)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
People v. Becker, 2 N.W.2d 503 (Mich. 1942) 94
People v. Guillett, 69 N.W.2d 140 (Mich. 1955) 92
People v. Lambo, 154 N.W.2d 583 (Mich. Ct. App. 1967) 28
People v. Clark, 147 N.W.2d 704 (Mich. Ct. App. 1967) 14
People v. Freeman, 134 N.W.2d 389 (Mich. Ct. App. 1965) 11

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