People v. Taylor
People v. Taylor
Opinion of the Court
This appeal is from a conviction of armed robbery
At the trial on June 8, 1966, the defendant admitted having the cab driver’s money changer, but
On appeal, the factual determination of the trial court is not challenged. What is challenged is the manner in which the defendant was advised of his right to counsel before giving a statement to the police. The defendant argues that the rules under Miranda v. Arizona (1966), 384 US 436 (86 S Ct 1602, 16 L Ed 2d 694, 10 ALR3d 974) should be applied in this case, whereby the defendant should have been advised of his right to have an attorney appointed before questioning if he were indigent. It is conceded that Johnson v. New Jersey (1966), 384 US 719 (86 S Ct 1772, 16 L Ed 2d 882) and People v. Fordyce (1966), 378 Mich 208, ruled that Miranda was not controlling on trials commencing before June 13, 1966, (five days after this trial began); however, the defendant argues that, logically, what was constitutionally wrong after June 13, 1966, was also wrong on June 8, 1966.
This Court finds it unnecessary to determine if what was constitutionally wrong after June 13,1966, was also logically wrong on June 8, 1966; it is also unnecessary for this Court to determine if under the facts of this case a reversal would be in order if the trial had commenced after June 13, 1966. A determination was made in Johnson v. New Jersey, supra, and People v. Fordycef supra, that the effec
Affirmed.
ops 1961, § 750.529 (Stat Ann 1968 Cum Supp § 28.797).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.