People v. James Thomas

Defendant was tried in December 1966 by jury for the crime of unlawfully driving away a motor vehicle, MCLA § 750.413 (Stat Ann 1954 Rev § 28.645). The trial, presided over by Judge John A. Bicca of Detroit Becorder’s Court, resulted in conviction. On December 27, 1966, defendant was sentenced to one to five years in state prison.

On appeal, appellant alleges that two reversible errors were made by the trial court. The first alleged error concerns the charge to the jury in which the trial judge sua sponte instructed the jurors that they should draw no inferences from the defendant’s failure to…