Opinion
Docket No. 7,078.
Decided December 3, 1970.
Appeal from Recorder's Court of Detroit, George W. Crockett, Jr., J. Submitted Division 1 October 9, 1970, at Detroit. (Docket No. 7,078.) Decided December 3, 1970.
Ethridge Thomas was convicted of armed robbery and assault with intent to commit murder. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Patricia Pernick Boyle, Assistant Prosecuting Attorney, for the people.
Fred K. Persons, for defendant on appeal.
Defendant was charged with the offenses of armed robbery and assault with intent to commit murder growing out of the robbery and shooting of Joseph Bono on May 2, 1967. Defendant claims in this appeal that his rights were violated by the absence of counsel at pretrial lineups, that the in-court identifications were tainted by unduly suggestive confrontation procedures and that there was not sufficient identification evidence to support a verdict of guilty beyond a reasonable doubt.
MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797).
MCLA § 750.83 (Stat Ann 1962 Rev § 28.278).
Defendant was not entitled to counsel at the lineup because all such procedures were conducted prior to June 12, 1967, the effective date of United States v. Wade (1967), 388 U.S. 218 ( 87 S Ct 1926, 18 L Ed 2d 1149); Stovall v. Denno (1967), 388 U.S. 293 ( 87 S Ct 1967, 18 L Ed 2d 1199).
Defendant did not object to the in-court identifications by any witness even though identification was the only real issue at trial. The issue, therefore, was not saved for appeal. People v. Childers (1969), 20 Mich. App. 639. Further, any claim that the identification procedures were unduly suggestive is refuted by the record.
Defendant's claim that there was not sufficient identification evidence is also refuted by the record. He was positively identified by the complainant and two eyewitnesses. There was sufficient evidence, if believed by the jury, to support a verdict of guilty beyond a reasonable doubt. People v. Arither Thomas (1967), 7 Mich. App. 103.
Affirmed.