# People v. Cole

> Michigan Supreme Court · December 2, 1969 · 382 Mich. 695

URL: https://www.frixlaw.com/law-library/cases/9732382

## Case

- **Full name:** People v. Cole
- **Court:** Michigan Supreme Court
- **Decided:** December 2, 1969
- **Citations:** 382 Mich. 695; 172 N.W.2d 354; 1969 Mich. LEXIS 138
- **Precedential status:** Published
- **Opinion:** Concurrence by Dethmers
- **Judges:** Adams, Black, Brennan, Dethmers, Kavanagh, Kelly
- **Cited by:** 92 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9732382

## Opinion text

Dethmers, J.
(concurring). I concur with Mr. Justice Thomas M. Kavanagh that in this matter we should reverse and remand for new trial for the first reason stated in his opinion, namely that the “sum total of the people’s proofs whereby they attempt to establish defendant’s sanity beyond a reasonable doubt * * * was wholly inadequate to render any opinions of the lay witnesses as being competent under the law” as in his opinion set forth and stated. I disagree with the second reason stated *723 in that opinion. I am unwilling to follow in this case Lyles v. United States (1957), 103 US App DC 22 (254 F2d 725). For my position in this respect I find adequate citation of authority and reasoning in Mr. Justice T. M. Kavanagh’s opinion and regret that he did not choose to follow it.
T. E. Brennan, C. J., concurred with Dethmers, J.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9732382. Public record. Not legal advice.