Opinion
Docket No. 4,866.
Decided June 29, 1970.
Appeal from Recorder's Court of Detroit, Andrew Wood, J. Submitted Division 1 May 4, 1970, at Grand Rapids. (Docket No. 4,866.) Decided June 29, 1970.
Ruth Ann Ritchey was convicted of loitering. Defendant appeals. Affirmed.
Robert Reese, Corporation Counsel, and Robert D. McClear and John E. Cross, Assistants Corporation Counsel, for the City of Detroit.
Morad, Frankland Carlin, for defendant on appeal.
Defendant was convicted by a jury of loitering in the City of Detroit in violation of a Detroit city ordinance. Upon appeal, she questions the constitutionality of the ordinance and whether there was sufficient evidence to support the verdict of the jury.
Detroit City Ordinance 78C (§ 58-1-10 of the Detroit City Code).
The first challenge has already been answered by this Court. We have determined that:
"The ordinance does not prohibit standing on a sidewalk, but only standing on a sidewalk so as to hinder or impede pedestrian traffic. Thus the Detroit loitering ordinance achieves its obvious regulatory purpose of keeping sidewalks clear and is not unconstitutionally broad or vague." City of Detroit v. Wedlow (1969), 17 Mich. App. 134, 139.
A review of the transcript establishes that there was testimony before the jury which supported the jury's verdict. A reviewing court will not weigh evidence anew. People v. Eagger (1966), 4 Mich. App. 449. Because there is evidence upon the record which supports the jury verdict, and the record is free of constitutional error, this case must be affirmed. People v. Danles (1969), 15 Mich. App. 510.
We are satisfied that defendant was fairly tried. Other issues raised are without merit.
Affirmed.