Opinion
Docket No. 3,553.
Decided November 25, 1968.
Appeal from Recorder's Court of Detroit, Groat (Gerald W.), J. Submitted Division 1 October 8, 1968, at Detroit. (Docket No. 3,553.) Decided November 25, 1968.
Curtis Curley and Alvin Shaw were convicted of first-degree murder. Defendants' delayed motion for new trial denied. Defendants appeal. Reversed and remanded.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.
Marshall C. Hill, for defendants.
Defendants were jointly tried and convicted of first-degree murder by a jury. We find reversible error occurred during the course of the trial as to each of the defendants for the following reasons.
CL 1948, § 750.316 (Stat Ann 1954 Rev § 28.548).
Defendant Shaw was seriously prejudiced by the introduction of evidence of similar robberies committed by him. See People v. Askar (1967), 8 Mich. App. 95.
Defendant Curley's conviction violated the constitutional mandate of Bruton v. United States (1968), 391 U.S. 123 ( 88 S Ct 1620, 20 L Ed 2d 476), made retroactive and effective upon the States in Roberts v. Russell (1968), 392 U.S. 293 ( 88 S Ct 1921, 20 L Ed 2d 1100). Unlike the situation in People v. Shirk (1968), 10 Mich. App. 121, defense counsel made spontaneous objections to the use of such statement.
Reversed and remanded for new trial.
J.H. GILLIS, P.J., and R.B. BURNS and KELLEY, JJ., concurred.