Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

03/25/76 PEOPLE v. FOSTER

March 25, 1976

PEOPLE
v.
FOSTER



Appeal from Recorder's Court of Detroit, James Del Rio, J.

Bashara, P. J., and D. F. Walsh and W. S. White,* JJ.

SYLLABUS BY THE COURT

1. Witnesses -- -- Suspect Testimony -- Perjury -- Instructions to Jury.

No testimony is suspect as a matter of law; therefore, it is not error for a trial court to refuse to give a cautionary instruction requested by a defendant that the testimony of the complainant, an admitted narcotic addict and paid police informer, is to be treated with caution and viewed as inherently perjured.

2. -- Alibi -- Alibi Instructions -- Sua Sponte Instructions.

There is no duty upon the court to sua sponte give an instruction on alibi in a criminal trial where the defendant has given timely notice of alibi and presented a supposed alibi witness, but has neither requested an alibi instruction nor made objection to the lack of one.

3. -- Alibi -- Instructions to Jury.

An instruction by the court, in a trial for assault with intent to commit murder, where the defendant has given notice of alibi but has not requested that an alibi instruction be given, is adequate if it contains the requirements on the burden of proof and the elements of the offense, including the element that the defendant was present and committed the offense.

4. -- Proof -- Standard of Proof -- Reasonable Doubt.

The proper standard of proof in a criminal case is whether there is sufficient evidence to warrant a finding of guilt beyond a reasonable doubt and not whether the finding of guilt is against the great weight of the evidence.

5. Witnesses -- -- Evidence -- Prosecutors -- Questioning Witnesses -- Identification of Accused.

It is proper and not prejudicial for the prosecutor to question the complainant, while testifying as a rebuttal witness, after a defendant in an attempted murder prosecution denied that he had ever seen the complainant, as to whether the complainant knew certain narcotics figures and had seen the defendant at their house, because such testimony was relevant to confirm the complainant's identification of the defendant by testimony of their prior acquaintanceship.

6. -- Prosecutors -- Improper Questions -- Prejudicial Errors.

It is hard to find a trial where every question is exactly proper, and therefore, reversible error does not necessarily result although some technically improper questions have been asked at trial by a prosecutor, unless some prejudice or ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.