TaiLexi AI U.S. Case Law

People v. King

People v. King, 188 N.W.2d 538 (Mich. 1971)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Michigan Supreme Court · State Highest Courts
Decided
July 7, 1971
Docket
Nos. 29 April Term 1971, Docket No. 52,808
Judges
Kavanagh, Black, Adams, Brennan, Williams, Swainson
Citations
188 N.W.2d 538385 Mich. 2741971 Mich. LEXIS 189

Opinion — Swainson

Swainson, J.

Defendant William Preston King was charged with assault with intent to commit *275 murder. The charge arose from a fight in a crowded barroom. During the fight, complainant, Emmett Williams, was allegedly shot by defendant. The trial court, sitting without a jury, convicted defendant of assault with intent to do great bodily harm less than murder. The defendant was sentenced to 9-1/2 to 10 years in prison. Defendant’s motion for new trial was denied, and the Court of Appeals affirmed his conviction. ( 23 Mich App 16 .) We granted leave to appeal. ( 384 Mich 757 .)

During the trial, the following brief colloquy toot place between the assistant prosecutor and the court:

“Mr. Tatken:

May I have the transcript of the examination?

“The Court:

Yes, as soon as I finish it.”

We have held in People v. Ramsey (1971), 385 Mich 221 , that it is reversible error for the trial court, without regard to the statutory provisions of MCLA § 768.26 (Stat Ann 1954 Rev § 28.1049), to examine the contents of the transcript of the preliminary examination. Therefore, for the reasons given in the Ramsey case we reverse the conviction of defendant in the instant case and remand for new trial.

T. M. Kavanagh, C. J., and Black, Adams, T. E. Brennan, T. G. Kavanagh, and Williams, JJ., concurred with Swainson, J.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 11974: 119722026peak 1972 · 1

Relies on it most ⓘ

  1. People v. Garcia214 N.W.2d 544 (Mich. Ct. App. 1974)
  2. People v. Walter199 N.W.2d 651 (Mich. Ct. App. 1972)

Most recent

  1. People v. Garcia214 N.W.2d 544 (Mich. Ct. App. 1974)
  2. People v. Walter199 N.W.2d 651 (Mich. Ct. App. 1972)

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 2

DepthCaseCited by
People v. Ramsey, 187 N.W.2d 887 (Mich. 1971) 37
People v. King, 178 N.W.2d 80 (Mich. Ct. App. 1970) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list