People v. Stoker

3 Citing cases

  1. People v. Bowers

    136 Mich. App. 284 (Mich. Ct. App. 1984)   Cited 14 times

    A review of these cases clearly indicates that evidence of other criminal conduct of the defendant is admissible to explain or illustrate the circumstances surrounding the commission of the charged offense rather than as substantive proof that because he committed one act he necessarily, or more probably, committed the other. In People v Stoker, 103 Mich. App. 800; 303 N.W.2d 900 (1981), the introduction of evidence showing that defendant was in possession of several different identification cards at the time of his arrest for armed robbery and felony-firearm was held to be reversibly erroneous and not within the res gestae exception. This Court found that the relevance and probative value of the evidence was suspect considering the absence of proof that the identification cards had been stolen.

  2. People v. Key

    328 N.W.2d 609 (Mich. Ct. App. 1982)   Cited 10 times

    " 390 Mich. 413. An exception to this rule, the res gestae exception, is set forth in People v Stoker, 103 Mich. App. 800, 807; 303 N.W.2d 900 (1981), quoting from People v Scott, 61 Mich. App. 91, 95; 232 N.W.2d 315 (1975): "`"It is elementary that the acts, conduct and demeanor of a person charged with a crime at the time of, or shortly before or after the offense is claimed to have been committed, may be shown as a part of the res gestae.

  3. People v. James Smith

    326 N.W.2d 533 (Mich. Ct. App. 1982)   Cited 2 times

    There is a second possibility for admitting evidence of other bad acts. As this Court stated in People v Stoker, 103 Mich. App. 800, 807; 303 N.W.2d 900 (1981): "An exception to this rule [excluding evidence of other bad acts done by the defendant], the res gestae exception, is set forth in People v Scott, 61 Mich. App. 91, 95; 232 N.W.2d 315 (1975):