Legal Opinion

People v. McQueen

Michigan Court of Appeals

Decided August 22, 1978No. Docket 77-2565PublishedCited by 9 opinions

1Opinion of the CourtJ. H. Gillis, P. J.

Defendant was tried and convicted by a jury of armed robbery, contrary to MCL 750.529; MSA 28.797, and assault with intent to commit murder, contrary to MCL 750.83; MSA 28.278. He was subsequently sentenced to 15 to 30 years in prison and now appeals as of right.

Defendant first contends that the trial court abused its discretion when it denied defendant’s motion for a mistrial based upon the testimony elicited during the examination of a prosecution witness who alluded to defendant’s past incarceration. We disagree.

The testimony at issue was given in response to the following questions:

*350"Q [by…

2Cases cited4 opinions

  1. People v. FleishMichigan Supreme Court · 1948
  2. People v. GreenwayMichigan Supreme Court · 1962
  3. People v. BillsMichigan Court of Appeals · 1974
  4. People v. SolisMichigan Court of Appeals · 1971

3Cited by9 opinions

  1. People v. StegallMichigan Court of Appeals · 1980
  2. People v. AlexanderMichigan Court of Appeals · 1982
  3. People v. JohnsonMichigan Court of Appeals · 1981
  4. People v. McGeeMichigan Court of Appeals · 1979
  5. People v. McGeeMichigan Court of Appeals · 1979

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