30 Mich. App. 117 | Mich. Ct. App. | 1971
Defendant was charged with first-degree murder
After defendant’s objection to this testimony, the judge indicated that he would give an instruction regarding the opinion testimony, but none was given. Defense counsel did not request an instruction, nor did he object to the instructions as given. Defendant now contends that it was reversible error for the trial judge to refuse to strike this testimony. Our examination of the record indicates that the error committed was harmless. MOLA § 769.26 (Stat Ann 1954 Rev § 28.1096).
Defendant’s niece testified that she had made some measurements at the scene of the crime, particularly the distance decedent was from the house when he was shot. On further questioning, it was learned that defense counsel had held one end of the tape measure. The prosecution objected to this and any further testimony regarding the measurements, inasmuch as the defense attorney was not subject to cross-examinhtion; the judge sustained the objection. We are not convinced that error was committed in sustaining the objection. Furthermore, although no exact measurements were given as to the actual distance, the theory that these measure
Affirmed.
MCLA § 750.316 (Stat Ann 1954 Rev § 28.548).
MCLA § 750.317 (Stat Ann 1954 Rev § 28.549).