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PEOPLE v. COOKE

Docket Nos. 68974, 69972. (Calendar No. 12), (Calendar No. 13).

419 Mich. 420 (1984)

355 N.W.2d 88

PEOPLE v. COOKE PEOPLE v. ROBINSON

Supreme Court of Michigan.

Decided September 18, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General; and Theodore O. Johnson, Prosecuting Attorney, and Michael A. Nickerson, Assistant Attorney General, for the people in Cooke; and Michael R. Smith, Prosecuting Attorney, and Leonard J. Malinowski, Assistant Attorney General, for the people in Robinson.

State Appellate Defender (by P.E. Bennett) for the defendant in Cooke.

Stross & Marks, P.C. (by James O. Marks), for the defendant in Robinson.

Argued June 8, 1983. (Cooke), (Robinson).

LEVIN, J.

PEOPLE v COOKE

The question presented is whether the people may appeal from an order acquitting a defendant on the basis of insufficiency of the evidence entered after a jury has returned a verdict of guilty. We agree with the Court of Appeals that § 12 of the Code of Criminal Procedure1 does not authorize an appeal from an order of acquittal made after the defendant...

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