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12/08/75 PEOPLE v. OLSON

December 8, 1975

PEOPLE
v.
OLSON



Appeal from Oakland, William R. Beasley, J.

Leave to appeal denied, 396 Mich 824.

Quinn, P. J., and R. B. Burns and D. E. Holbrook, Jr., JJ.

SYLLABUS BY THE COURT

1. -- Trial -- Judges -- Jury -- Entering Jury Room.

It is reversible error for a trial Judge to enter the jury room while the jury is deliberating; a criminal defendant in such a case does not have to show prejudice.

2. -- Statements of Defendant -- Evidence -- Admissibility -- Impeachment -- Trustworthiness -- Miranda Rights.

Statements of a criminal defendant taken in violation of his Miranda rights are admissible for impeachment purposes only if they are trustworthy; however, an involuntary confession is inherently untrustworthy.

3. -- Appeal and Error -- Statement of Defendant -- Voluntariness -- Trial Court Findings.

The Court of Appeals, when reviewing the results of a hearing to determine the voluntariness of a criminal defendant's statements, reviews the entire record of the hearing and makes an independent decision, but gives great deference to the findings of the trial court.

4. -- Appeal and Error -- Findings of Fact -- Statements of Defendant -- Voluntariness -- Court Rules.

The Court of Appeals will not disturb a trial court's findings of fact in a criminal case where the basic question is one of the credibility of the witnesses; thus a trial court's finding that a defendant's statements had been made voluntarily will not be disturbed although the defendant claims to have been coerced where after a review of the entire record it cannot be said that the trial court's finding was clearly erroneous (GCR 1963, 517.1).

The opinion of the court was delivered by: Per Curiam

Ano H. Olson, Jr. was convicted of second-degree murder. Defendant appeals.

Defendant was charged with first-degree murder in the death of his wife. MCLA 750.316; MSA 28.548. On October 23, 1974, a jury convicted him of second-degree murder. MCLA 750.317; MSA 28.549. He was sentenced to 10 to 20 years in prison. Following a ...


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