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05/03/76 PEOPLE v. CARPENTER

May 3, 1976

PEOPLE
v.
CARPENTER



Appeal from Recorder's Court of Detroit, Michael J. Connor, J.

Bashara, P. J., and R. B. Burns and Quinn, JJ.

SYLLABUS BY THE COURT

1. Searches and Seizures -- Probable Cause -- Police -- Reasonableness.

A court should consider only the facts, circumstances, and information known to the police officer at the time of an arrest and search and seizure when determining whether probable cause existed so as to render the search reasonable.

2. Searches and Seizures -- Automobiles -- Dangerous Weapons -- Rifles -- Statutes.

The search of an automobile and seizure of a rifle and a pistol therefrom, initiated after a policeman observed a rifle case in the car in plain view, was reasonable where on the date that the search and seizure occurred a rifle was considered a "dangerous weapon" within the meaning of a statute prohibiting carrying a dangerous weapon in a vehicle, even though the Supreme Court has since ruled that a rifle is not a "dangerous weapon" as that term is used in the statute (MCLA 750.227; MSA 28.424).

3. Witnesses -- -- Failure to Produce -- Motion for New Trial -- Appeal and Error.

A defendant desiring a new trial because of the prosecutor's failure to indorse and produce various witnesses must, before filing his appeal, move the trial court for a new trial.

4. -- Prosecutor's Remarks -- Instructions to Jury -- Curative Instructions -- Witnesses -- Burden of Producing.

Prejudicial remarks of a prosecutor, who suggested that the defendant could have produced a certain witness if he thought the witness would testify favorably to him, were adequately cured where the trial court instructed the jury that it was to presume the witness would testify favorably to the defendant and that the defendant did not have the burden of producing any witnesses.

5. -- Prosecutor's Remarks -- Failure to Object -- Curative Instructions.

A defendant is not entitled to a reversal of his conviction because of allegedly prejudicial remarks of a prosecutor where he failed to object at trial and where the effect of the remarks could have been rectified by a curative instruction.

The opinion of the court was delivered by: Per Curiam

Reginald Carpenter was convicted of carrying an unlicensed pistol in a motor ...


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