Opinion
Docket No. 8873.
Decided December 7, 1970.
Appeal from the Recorder's Court of Detroit, George W. Crockett, Jr., J. Submitted Division 1 November 4, 1970, at Lansing. (Docket No. 8873.) Decided December 7, 1970.
James Hood was convicted of second-degree 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 Thomas P. Smith, Assistant Prosecuting Attorney, for the people.
James T. Lafferty, for defendant on appeal.
Defendant was convicted in a nonjury trial of murder in the second degree. MCLA § 750.317 (Stat Ann 1954 Rev § 28.549). He appeals as of right from this conviction.
Upon an examination of the record before us, and applying the standard adopted by this Court in People v. Degraffenreid (1969), 19 Mich. App. 702, we find defendant's contention that he was denied effective counsel to be without merit. See also: People v. Kaczynski (1970), 24 Mich. App. 273; People v. Higginbotham (1970), 21 Mich. App. 489; People v. Turner (1970), 26 Mich. App. 211.
Defendant also contends that he did not knowingly and freely waive his right to trial by jury. However, our examination of the record discloses that the trial court fully informed defendant of his right to trial by jury and of the consequences in waiving that right. Defendant was represented by legal counsel at the time of waiver. The waiver fully complied with the statutory requirements, MCLA § 763.3 (Stat Ann 1954 Rev § 28.856). We find no merit to this contention. People v. Henderson (1929), 246 Mich. 481; Attorney General v. Montgomery (1936), 275 Mich. 504; People v. Rawls (1967), 6 Mich. App. 586.
Finally, defendant argues that the trial court erred in finding the requisite malice and in rejecting defendant's claim of self-defense. We disagree. There is ample evidence in the record to support the trial court's findings that the defendant did not act in self-defense and that he was guilty of murder in the second degree beyond a reasonable doubt. People v. Hepner (1938), 285 Mich. 631; People v. Clark (1967), 5 Mich. App. 672; People v. Case (1967), 7 Mich. App. 217; People v. Bell (1969), 20 Mich. App. 299.
Affirmed.