Legal Opinion
People v. Buchanan
Michigan Court of Appeals
Decided July 8, 1981No. Docket 49825PublishedCited by 4 opinions
1Opinion of the CourtMackenzie, P.J.
On December 4, 1979, defendant was convicted at a bench trial of uttering and publishing a forged instrument, MCL 750.249; MSA 28.446. He was sentenced to a term of 4 to 14 years imprisonment and appeals as of right.
Defendant is correct in his assertion that the trial court erred in applying the "scintilla” or "any evidence” test to defendant’s motion for a directed verdict of acquittal. The proper standard, announced by the Michigan Supreme Court shortly before the trial herein in People v Hampton, 407 Mich 354, 368; 285 NW2d 284 (1979), provides:
"In summary, the trial judge when ruling on a…
2Cases cited13 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- People v. HamptonMichigan Supreme Court · 1979
- People v. GarciaMichigan Supreme Court · 1976
- People v. VailMichigan Supreme Court · 1975
- Garden Check Cashing Service, Inc. v. First National City BankAppellate Division of the Supreme Court of the State of New York · 1966
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3Cited by4 opinions
- People v. PetrellaMichigan Supreme Court · 1986
- People v. SowdersMichigan Court of Appeals · 1987
- People v. HammondMichigan Court of Appeals · 1987
- People v. PetrellaMichigan Supreme Court · 1986