People v. Johnson

This case presents the question whether a trial judge has the power to dismiss a case because he disbelieves witnesses. After a guilty verdict against defendants Johnson and Love had been returned by the jury, the judge granted a new trial because he did not believe the testimony of crucial prosecution witnesses. Our earlier order in this case recognizes that a trial judge may grant a new trial because he disbelieves the testimony of witnesses for the prevailing party. A trial judge may grant a new trial when " * * * justice has not been done * * * .” MCLA 770.1; MSA 28.1098. 391 Mich 834;…