People v. Council

Defendant was convicted by a jury of the crime of robbery armed. He was subsequently sentenced to a term of 30 to 40 years imprisonment. Defendant’s motion for a new trial was denied and this appeal followed.

On January 1, 1970, a person entered a gas station in Berrien County, Michigan, and used the public telephone. Gary Cecci, the station attendant, overheard that individual say to whomever he was calling that he had been in a fight the night before and had gone to Mercy Hospital for treatment on his nose and that he had been “busted open”. Shortly thereafter, the man pulled a gun, pointed…