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People v. Harris

Michigan Court of Appeals
Jun 15, 1976
69 Mich. App. 505 (Mich. Ct. App. 1976)

Opinion

Docket No. 25594.

Decided June 15, 1976.

Appeal from Midland, James R. Rood, J. Submitted May 6, 1976, at Lansing. (Docket No. 25594.) Decided June 15, 1976.

Rose Marie Harris was charged with the offense of receiving and concealing stolen property with a value of more than one hundred dollars. Defendant's motion to suppress evidence was granted. The people appeal by leave granted. Reversed and remanded.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Edward G. Durance, Prosecuting Attorney, and Gerald L. White, Assistant Prosecuting Attorney, for the people.

Bower Rogers, for defendant.

Before: QUINN, P.J., AND D.E. HOLBROOK and BEASLEY, JJ.


On leave granted, the people appeal from an order suppressing defendant's handwriting specimens obtained after her arrest. Although the people raise four issues on appeal, only one of those issues is controverted. We address only the controverted issue which may be succinctly stated:

In a criminal case does MCLA 600.2144; MSA 27A.2144 prevent the admission in evidence of handwriting specimens obtained after the arrest of the person giving those specimens?

The trial judge said yes. We say no.

MCLA 600.2144; MSA 27A.2144 is the successor of 1915 CL 12539 and it is a general statute. MCLA 768.25; MSA 28.1048 was originally passed as part of 1927 PA 175. It is a later act and it specifically applies to criminal cases. The later, specific act controls, People v Rodgers, 18 Mich. App. 37; 170 N.W.2d 493 (1969).

MCLA 768.25; MSA 28.1048 governs admission of handwriting specimens in criminal proceedings, People v Jamerson, 14 Mich. App. 253; 165 N.W.2d 480 (1968). The fact that the specimens here involved were obtained after defendant's arrest does not offend that statute.

Reversed and remanded.


Summaries of

People v. Harris

Michigan Court of Appeals
Jun 15, 1976
69 Mich. App. 505 (Mich. Ct. App. 1976)
Case details for

People v. Harris

Case Details

Full title:PEOPLE v HARRIS

Court:Michigan Court of Appeals

Date published: Jun 15, 1976

Citations

69 Mich. App. 505 (Mich. Ct. App. 1976)
245 N.W.2d 110

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The fact that specimens of handwriting were obtained after defendant's arrest does not offend that statute.…