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.
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 ...