PEOPLE OF MI V GREGORY RUSHING
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 9, 2002
Plaintiff-Appellee,
v
No. 231395
Wayne Circuit Court
LC No. 99-008744
GREGORY RUSHING,
Defendant-Appellant.
Before: Zahra, P.J., and Cavanagh and White, JJ.
WHITE, J. (concurring).
Taking into consideration the evidence, arguments and instructions, I am satisfied that the
asserted errors did not affect the outcome of the trial. At trial, Williams testified that defendant
did not participate in the fatal beating and that he was not present when certain events transpired.
Williams’ prior statement was admissible to impeach this testimony. Another witness, Terry
Blakely, testified that when he asked defendant about the victim, defendant said “We f— him up,
we stuck a cane up his a-- and he sh-- all over it.” Further, there was testimony that defendant
participated in the events leading up to, and occurring after, the fatal assault. In light of all the
evidence, I am satisfied that the outcome would not have been affected had the jury been
instructed that, as to defendant, Williams’ statement could be used for impeachment only.
Similarly, through argument of counsel and the jury instructions given, it was made clear
to the jury that if defendant did not have the requisite intent, or did not participate in, or aid and
abet in causing, the death, he was to be found not guilty. The failure to give the felonious assault
instruction did not affect the outcome of the trial. See People v Cornell, __ Mich __; __ NW2d
__ (Docket No. 115833, issued 6/18/02).
/s/ Helene N. White
-1-
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