Opinion
Docket No. 9629.
Decided January 28, 1971.
Appeal from Recorder's Court of Detroit, Henry L. Heading, J. Submitted Division 1 December 8, 1970, at Grand Rapids. (Docket No. 9629.) Decided January 28, 1971.
Samuel Merritt was convicted of armed robbery. 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.
Charles Burke, for defendant on appeal.
Before: T.M. BURNS, P.J., and R.B. BURNS and FITZGERALD, JJ.
Defendant appeals from a jury conviction on a charge of armed robbery. The people move to affirm.
MCLA § 750.529 (Stat Ann 1954 Rev § 28.797).
Defendant's only claim is that the evidence was insufficient to warrant a verdict of guilty by the jury. A review of the transcript indicates that there was ample testimony upon which to base such a verdict. The defendant was identified as one of the robbers by an eyewitness who looked directly at the defendant for several minutes while he was pointing a shotgun at her. Another witness who cooperated with the defendant in the robbery identified him as having participated in the crime. There was no contradictory testimony.
The evidence was adequate to support the verdict of guilty. This Court will not disturb a guilty verdict by a jury when there is evidence in the record which, if believed, will support the verdict beyond a reasonable doubt. People v. Person (1969), 20 Mich. App. 246; People v. Hummel (1969), 19 Mich. App. 266; People v. Floyd (1968), 15 Mich. App. 284; People v. Shaw (1968), 10 Mich. App. 315.
Motion to affirm is granted.