People v. Miller
People v. Miller
Opinion of the Court
Defendant was apprehended during a robbery. At his trial on a charge of robbery armed,
The jury found defendant guilty; he was sentenced; his motion for a new trial was denied; and he appeals. The only issue raised on appeal is that the above-quoted remark of the prosecuting attorney so prejudiced defendant’s trial that he was denied a fair trial; hence, denial of the motions for mistrial and new trial was an abuse of discretion.
The record does not support defendant’s position. The quoted statement is the only reference to this gun in the jury’s presence. There is no indication that the prosecuting attorney knew, or had reason to believe, that the gun would not be admitted in evidence when the statement was made. The argument concerning its admissibility and the
Affirmed.
MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.