PEOPLE OF MI V WILLIAM HENRY TOWNSEND
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 17, 1997
Plaintiff-Appellee,
v
No. 186637
LC No. 93-009363-DL
WILLIAM HENRY TOWNSEND,
Defendant-Appellant.
Before: Cavanagh, P.J., and Reilly and C.D. Corwin,* JJ.
MEMORANDUM..
Defendant appeals as of right from his jury trial conviction of armed robbery, MCL 750.529;
MSA 28.797, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA
28.424(2). We affirm.
Defendant’s sole issue on appeal is that he was prejudiced by the questions and comments of
the trial court during the testimony of the witness Eric Brooks. Defendant did not object to the trial
court’s remarks below, and therefore appellate review is precluded absent manifest injustice. People v
Weatherford, 193 Mich App 115, 121; 483 NW2d 924 (1992).
After reviewing the record, we conclude that manifest injustice will not result from our failure to
review this issue. The trial court may question witnesses in order to clarify testimony or to elicit
additional information. MRE 614(b); People v Conyers, 194 Mich App 395, 404; 487 NW2d 787
(1992). However, he must use caution and restraint in order to ensure that his questions are not
intimidating, argumentative, prejudicial, unfair, or partial. Id. at 404-405. In the present case, we
conclude that the questions directed by the trial court to the witness were neither biased nor contentious.
The trial court’s comments did not pierce the veil of judicial impartiality. See People v Romano, 181
Mich App 204, 220; 448 NW2d 795 (1989).
Affirmed.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Mark J. Cavanagh
/s/ Maureen Pulte Reilly
/s/ Charles D. Corwin
-2
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