Opinion
Docket Nos. 10430, 10431.
Decided February 26, 1971.
Appeal from Recorder's Court of Detroit, Robert J. Colombo, J. Submitted Division 1 December 29, 1970, at Detroit. (Docket Nos. 10430, 10431.) Decided February 26, 1971.
William Trice and Rufus Williams were convited, on their pleas of guilty, of second-degree murder. Defendants appeal. People's motions to affirm granted.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people. William H. Ferguson ( Edward P. Echlin, of counsel), for defendant William Trice on appeal.
George W. Schudlich ( Edward P. Echlin, of counsel), for defendant Rufus Williams on appeal.
Before: FITZGERALD, P.J., and LEVIN and V.J. BRENNAN, JJ.
Defendants appeal from their convictions upon pleas of guilty to the offense of murder in the second degree. MCLA § 750.317 (Stat Ann 1954 Rev § 28.549).
Together with a third man, they were originally charged with first-degree murder arising out of the killing of a grocer during the course of a robbery. The three defendants, each represented by his own counsel, entered pleas of guilty in a single proceeding. Defendants Trice and Williams now claim that the trial court erred under GCR 1963, 785.3(2), in jointly interrogating the three codefendants upon their pleas. The people have submitted motions to affirm.
The transcript of the interrogation shows that the judge obtained a separate, distinct, and clear response from each of the defendants as to each question which he put to them collectively and that he separately and clearly established as to each defendant his participation in the commission of the offense.
It is manifest that the question presented is so unsubstantial as to need no argument or formal submission. People v. Douglas (1966), 4 Mich. App. 208; People v. Tolliver (1969), 15 Mich. App. 500.
Motions to affirm are granted.