36 Mich. App. 171 | Mich. Ct. App. | 1971
Defendants were jointly tried before a jury and convicted on the charge of obstructing a police officer while attempting to perform his duty.
The sole issue raised by the defendants is that the prosecutor committed reversible error when he represented facts contained in his closing argument as being “uncontroverted”. This issue is without merit because the defense counsel at no time objected to the statement of the prosecutor. In People v. Humphreys (1970), 24 Mich App 411, 414, 415, we said:
“A conviction will not be reversed, however, if by failing to object, the defendant has allowed the impact of the prosecutor’s remarks to go uncountered by an instruction. People v. David Smith (1969), 16 Mich App 198. The defendant will not be heard to complain of an error that could have been cured upon timely objection.”
It is clear that the foregoing allegation of error could have been cured by a timely instruction and was not otherwise prejudicial.
The motion to affirm is granted.
MOLA § 750.479 (Stat Ann 1954 Rev § 28.747).