Appeal from Ingham, Donald L. Reisig, J.
D. E. Holbrook, Jr., P. J., and D. E. Holbrook and T. M. Burns, JJ. D. E. Holbrook, Jr., P. J., concurred. T. M. Burns, J. (dissenting).
1. -- Controlled Substances -- Sales Contracts -- Attempts at Enforcement.
The purchase of a controlled substance like cocaine does not create the usual contract rights that normally arise out of a sales transaction, and the law does not recognize attempts to enforce those rights.
2. -- Plea of Guilty -- Court Rules -- Factual Basis -- Substantial Support -- Conclusive Proof.
The court rule providing that a court shall establish on the record a factual basis for a plea of guilty before accepting such a plea requires only substantial support on the record for the defendant's guilt, not conclusive proof of the crime charged (GCR 1963, 785.7).
3. -- Plea of Guilty -- Factual Basis -- Inculpatory Inferences -- Exculpatory Inferences.
A factual basis for acceptance of a guilty plea exists if an inculpatory inference can reasonably be drawn by a jury from the facts admitted by the defendant even if an exculpatory inference could also be drawn and the defendant asserts that the latter is the correct inference.
Dissent by T. M. Burns, J.
4. -- Plea of Guilty -- Factual Basis -- Specific Intent Crimes -- Claim of Right.
There is an inadequate factual basis for the acceptance of a plea of guilty to assault with intent to rob being armed where the defendant asserts a claim of right to the money taken, thus negating the requisite specific intent to be guilty of the crime.
The opinion of the court was delivered by: Holbrook
Clarence E. Hobbs was convicted, on his plea of guilty, of assault with intent to rob being ...