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People v. Ragland

People v. Ragland, 165 N.W.2d 639 (Mich. Ct. App. 1969)
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Court
Michigan Court of Appeals · State Appellate Courts
Decided
September 27, 1969
Docket
No. 3,968
Judges
Beer, Kavanagh, Levin
Citations
165 N.W.2d 63914 Mich. App. 425
Cited by 13 1 descriptions by later courts

Opinion — Beer

Beer, J.

The defendant-appellant, Jimmie Rag-land, was tried and convicted by a jury and subsequently sentenced in the circuit court for the county of Wayne on a charge of felonious assault, CL 1948, § 750.82 (Stat Ann 1962 Rev § 28.277) :

“Felonious assault—Any person who shall assault another with a gun, revolver, pistol, knife, iron bar, club, brass knuckles or other dangerous weapon, but without intending to commit the crime of murder, and without intending to inflict great bodily harm less than the crime of murder, shall be guilty of a felony.”

This appeal raises two issues:

1. Is a flashlight a “dangerous weapon” within the purview of CL 1948, § 750.82 (Stat Ann 1962 Rev § 28.277) ?

2. Was the trial court without jurisdiction by reason of the fact that the venue of the alleged offense was within the corporate limits of the city of Detroit?

We have examined the record and, in particular, the instructions of law by the trial court to the jury. The trial judge properly instructed the jury. It was for them to determine as a question of fact whether or not the flashlight was a dangerous weapon. The jury found against the defendant on this issue. The jury also had an opportunity to *427 hear the testimony of the people’s witnesses as to the manner in which the flashlight -was used against the person of another human being. There is no error here.

During the trial the defendant strenuously contended the alleged offense occurred within the corporate limits of the city of Detroit. There was testimony on the part of the people in contradiction of this contention that the alleged offense occurred in Highland Park. The trial judge correctly covered the matter in his instructions, specifically telling the jury this was a question of fact for them to resolve. Obviously, from their verdict, they found the crime to have been committed in Highland Park.

Conviction affirmed.

T. Gr. Kavanagh, P. J., and Levin, J., concurred.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 13 cases

View all citing references →
1970: 11971: 21975: 11976: 11977: 11982: 21983: 11987: 22021: 12023: 119702026peak 1971 · 2

Relies on it most ⓘ

  1. People v. Buford244 N.W.2d 351 (Mich. Ct. App. 1976)
  2. People v. Rivera327 N.W.2d 386 (Mich. Ct. App. 1982)
  3. People v. Vandiver263 N.W.2d 370 (Mich. Ct. App. 1977)
  4. People v. Bender335 N.W.2d 85 (Mich. Ct. App. 1983)
  5. People v. Kay328 N.W.2d 424 (Mich. Ct. App. 1982)
  6. People v. Clark416 N.W.2d 390 (Mich. Ct. App. 1987)

Most recent

  1. D People of Michigan v. Evan Andrew OslundNo. 360675 (Mich. Ct. App. Mar. 30, 2023)
  2. State v. McCreary2021 ND 212, 967 N.W.2d 447
  3. People v. Clark416 N.W.2d 390 (Mich. Ct. App. 1987)
  4. People v. Wright411 N.W.2d 826 (Mich. Ct. App. 1987)
  5. People v. Bender335 N.W.2d 85 (Mich. Ct. App. 1983)
  6. People v. Kay328 N.W.2d 424 (Mich. Ct. App. 1982)

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 0

No citations to other opinions in this database were found.

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