TaiLexi AI U.S. Case Law

People v. Syakovich

People v. Syakovich, 188 N.W.2d 642 (Mich. Ct. App. 1971)
Download
Format
Include

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

Court
Michigan Court of Appeals · State Appellate Courts
Decided
April 2, 1971
Docket
No. 10146
Judges
McGregor, Bronson, Dan-Hop
Citations
188 N.W.2d 64232 Mich. App. 3561971 Mich. App. LEXIS 1908
Cited by 6

Opinion — Per Curiam

Per Curiam.

Defendant appeals as of right from a plea-based conviction on the charge of assault with intent to rob and steal being armed, MCLA § 750.89 (Stat Ann 1954 Rev § 28.284). The people move to affirm.

Defendant claims that the trial court erred in accepting his plea for the reason that the interrogation of the trial judge did not show that the complainant was put in fear by the toy pistol used by the defendant in the hold-up.

Under the provisions of MCLA § 750.89 (Stat Ann 1954 Rev § 28.284), it is not necessary that the victim of an assault with intent to rob being armed be put in fear. That section provides:

“Sec. 89. Assault with intent to rob and steal being armed — Any person, being armed with a dangerous weapon, or any article used or fashioned in a manner to lead a person so assaulted reasonably to believe it to be a dangerous weapon, who shall assault another with intent to rob and steal shall be guilty of a felony, punishable by imprisonment in the state prison for life, or for any term of years.”

The interrogation by the trial judge showed the defendant entered the store, pulled a toy pistol on the salesgirl, took the money from the cash register, and left the store. Clearly the statements of the defendant are sufficient to justify the acceptance of a plea of guilty to the offense charged. There was no miscarriage of justice by the trial judge’s acceptance of the plea.

People v. Dunn (1968), 380 Mich 693 .

The motion to affirm is granted.

How later courts describe this case

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

Cited by 6 cases

View all citing references →
1975: 21978: 11980: 12008: 12010: 119752026peak 1975 · 2

Relies on it most ⓘ

  1. People v. Davis747 N.W.2d 555 (Mich. Ct. App. 2008)
  2. People v. Sanford265 N.W.2d 1 (Mich. 1978)
  3. People v. Sanford237 N.W.2d 201 (Mich. Ct. App. 1975)
  4. People v. Curtis Williams226 N.W.2d 584 (Mich. Ct. App. 1975)
  5. People v. Killarney290 N.W.2d 156 (Mich. Ct. App. 1980)
  6. United States v. Troy Laferriere399 F. App'x 65 (6th Cir. 2010)

Most recent

  1. United States v. Troy Laferriere399 F. App'x 65 (6th Cir. 2010)
  2. People v. Davis747 N.W.2d 555 (Mich. Ct. App. 2008)
  3. People v. Killarney290 N.W.2d 156 (Mich. Ct. App. 1980)
  4. People v. Sanford265 N.W.2d 1 (Mich. 1978)
  5. People v. Sanford237 N.W.2d 201 (Mich. Ct. App. 1975)
  6. People v. Curtis Williams226 N.W.2d 584 (Mich. Ct. App. 1975)

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 1

DepthCaseCited by
People v. Dunn, 158 N.W.2d 404 (Mich. 1968) 100

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