Summary
In People v. Wittersheim, 252 Mich. 538, a doctor who examined defendant's shoulder without objection was permitted to testify to the result of his examination on the authority of People v. Collins, 223 Mich. 303, and People v. Corder, 244 Mich. 274.
Summary of this case from People v. CammarataOpinion
Docket No. 150, Calendar No. 34,835.
Submitted October 16, 1930.
Decided December 2, 1930.
Error to Wayne; Webster (Arthur), J. Submitted October 16, 1930. (Docket No. 150, Calendar No. 34,835.) Decided December 2, 1930.
Roy Wittersheim was convicted of rape. Affirmed.
Roy G. Lord, for appellant.
Wilber M. Brucker, Attorney General, James E. Chenot, Prosecuting Attorney, and Lloyd A. Loomis, Assistant Prosecuting Attorney, for the people.
Defendant seeks review by writ of error of his conviction and sentence on a charge of rape of a female above the age of 16 years.
Error is assigned upon the admission in evidence of the clothing which the prosecutrix testified she had worn at the time of the assault, and the admission of the testimony of a doctor that defendant had bruises on his shoulder at the time of his arrest, which occurred a few days later. This evidence was received without objection. We might well rest decision upon the general rule, so often stated by this court, that such alleged errors will not be considered unless objection be made at the trial. People v. Bark, 251 Mich. 228. The clothing, however, was clearly admissible, and it appears that the defendant voluntarily permitted the doctor to examine his shoulder. People v. Collins, 223 Mich. 303; People v. Corder, 244 Mich. 274.
The other errors assigned have received consideration, but do not merit discussion.
The judgment is affirmed.
WIEST, C.J., and BUTZEL, CLARK, McDONALD, POTTER, NORTH, and FEAD, JJ., concurred.