212 N.W. 958 | Mich. | 1927
Defendant was convicted on a charge of robbery, "being armed with a dangerous weapon, with intent, if resisted, to kill or maim." 3 Comp. Laws 1915, § 15206. From the testimony it appears that two men entered a butcher shop owned by Joseph Samulowicz in the city of Detroit on the 2d of July, 1925, armed with revolvers, compelled the owner and his helper to lie upon the floor, took the money, $41.96, in the cash register therefrom, and then locked the men in the ice box. Both the owner and his helper positively identified the defendant as one of these men. The defense was an alibi.
1. There was testimony to sustain the verdict. While several witnesses (relatives of defendant) testified that he was at another place when the crime was committed, we cannot say that the verdict was against the great weight of the evidence. *656
2. Four persons whose names appeared on the information as witnesses were not present at the trial or called as witnesses. The officer in charge of the case testified that he had been unable to locate two of them. The others were police officers in the city.
Defendant's counsel made no request that they should be called, and, in view of the nature of the charge and the defense offered, it is apparent that no prejudice resulted from their failure to appear. People v. Higgins,
3. Error is assigned on the instruction of the court that the jury could not convict of larceny from the person. This is a lesser offense, included in the charge of robbery.People v. Covelesky,
The other errors assigned have been considered. We deem them without merit.
The judgment is affirmed.
BIRD, SNOW, STEERE, FELLOWS, WIEST, CLARK, and McDONALD, JJ., concurred. *657