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People v. Emery

Michigan Court of Appeals
Oct 22, 1968
164 N.W.2d 762 (Mich. Ct. App. 1968)

Opinion

Docket No. 4,181.

Decided October 22, 1968.

Appeal from Jackson, Simpson (John), J. Submitted Division 2 October 3, 1968, at Marquette. (Docket No. 4,181.) Decided October 22, 1968.

Charles J. Emery was convicted of kidnapping on his plea of guilty. Defendant appeals. Affirmed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Bruce Barton, Prosecuting Attorney, for the people.

Charles J. Emery, in propria persona.


In November, 1958, Charles J. Emery was charged with rape, CLS 1961, § 750.520 (Stat Ann 1954 Rev § 28.788) and kidnapping, CL 1948, § 750.349 (Stat Ann 1954 Rev § 28.581). At his third arraignment, where he was represented by counsel, his plea of guilty to kidnapping was accepted. The charge of rape was nolle prossed. It is from the lower court's denial of his recent motion to withdraw his plea that this appeal ensues.

The sole question on appeal is whether the lower court complied with the mandates of former (1945) Court Rule No 35A, now GCR 1963, 785.3. After a careful review of the record in light of People v. Dunn (1968), 380 Mich. 693; People v. Stearns (1968), 380 Mich. 704, and People v. Winegar (1968), 380 Mich. 719, we find no reversible error.

Affirmed.

T.G. KAVANAGH, P.J., and PHILIP C. ELLIOTT, J., concurred.


Summaries of

People v. Emery

Michigan Court of Appeals
Oct 22, 1968
164 N.W.2d 762 (Mich. Ct. App. 1968)
Case details for

People v. Emery

Case Details

Full title:PEOPLE v. EMERY

Court:Michigan Court of Appeals

Date published: Oct 22, 1968

Citations

164 N.W.2d 762 (Mich. Ct. App. 1968)
164 N.W.2d 762

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