People v. Martino

Mr. Justice Starr has written for reversal and granting a new trial in this case. I am unable to concur in that result.

Defendant, on trial before a judge of the recorder’s court of Detroit without a jury, was convicted of the crime of larceny by conversion and sentence imposed. In effect the controlling question presented is whether the testimony was sufficient to sustain the conviction. The trial judge was the trier of the issues of fact involved; and therefore it was within his province to weigh the testimony and to determine what measure of credence should be given to any portiofi thereof.…