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PEOPLE v. JOHNSON

Docket Nos. 58313, 58314.

397 Mich. 686 (1976)

246 N.W.2d 836

PEOPLE v. JOHNSON PEOPLE v. LOVE

Supreme Court of Michigan.

Decided November 23, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Research, Training and Appeals, and Timothy A. Baughman, Assistant Prosecuting Attorney, for the people.

William B. Daniel for defendant Johnson.

Sheldon Halpern and Neal Bush for defendant Love.

PER CURIAM:

This case presents the question whether a trial judge has the power to dismiss a case because he disbelieves witnesses. After a guilty verdict against defendants Johnson and Love had been returned by the jury, the judge granted a new trial because he did not believe the testimony of crucial prosecution witnesses. Our earlier order in this case recognizes that a trial judge may grant a new trial because he disbelieves the testimony of witnesses for the...

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