People v. Billings
People v. Billings
Opinion of the Court
Defendant-appellant was charged with the offense of “assault with intent to commit murder,” MCLA § 750.83 (Stat Ann 1962 Rev § 28.278). After trial, defendant was found guilty by a jury of “assault with intent to do great bodily harm less than the crime of murder,” MCLA § 750.84 (Stat Ann 1962 Rev § 28.279). Subsequently, he was sentenced to serve life imprisonment with a recommendation that he be placed in solitary confinement and never be considered for pardon or parole.
Defendant and another man, Mr. James Hanes, apparently broke into a saddlery company in Flint, Michigan, and left the scene in a truck.
Defendant raises multiple issues on appeal. We dispose of all but one under the court rule,
The Supreme Court has written specifically to the point:
“The import of both the rule and the statute is that on review courts should be concerned with substance, not with form, that the fundamental inquiry is whether there has been a miscarriage of justice”. People v. Dunn (1968), 380 Mich 693, 701.
We have reviewed the extensive trial transcript with care. We find no suggestion of a miscarriage of justice.
We direct ourselves now to the question raised by appellant relating to certain testimony, the admission of which is claimed to have resulted in error so prejudicial as to have been reversibly erroneous.
The testimony specifically claimed to be hearsay is that of Detective Hatchew who was called to the stand after the testimony of Mr. Hanes and testified as follows:
“Q. Did he [Hanes] tell you during this interrogation, at the time of the assault, that Mr. Billings*369 reached into his pocket and pulled out a pistol, an automatic, and pointed it at Officer Darby?
“A. Yes, he did”.
The testimony was obviously hearsay. It was not admissible for impeachment purposes because no proper basis for impeachment examination had been established. On direct examination the police officer alleged to be the subject of the assault testified:
“He put the gun almost directly in the stomach— wasn’t touching me — but very close”.
In view of the testimony above quoted and the prior testimony of Hanes, the hearsay was at best merely cumulative. Its admission was not reversibly erroneous. See People v. Hallaway (1970), 25 Mich App 604.
We have reviewed the whole record and find no reversible error. We commend appointed counsel and the prosecuting attorney for their well-considered and thorough briefs.
Finding no reversible error, the judgment of conviction is affirmed.
This sentence followed defendant’s conviction as a fourth offender under MCLA § 769.12 (Stat Ann 1954 Rev § 28. 1084).
Prior to this prosecution, defendant was convicted of breaking and entering the involved building. We mention this not because it is deeisionally relevant per se, but informationally, because the weapon used by defendant in the alleged assault was identified as having been stolen from the saddlery company building.
GCR 1963, 529.1.
CL 1948, § 769.26 (Stat Ann 1954 Rev § 28. 1096).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.