PEOPLE v. McALLISTER

Docket No. 6,011.

16 Mich. App. 217 (1969)

167 N.W.2d 600

PEOPLE v. McALLISTER

Michigan Court of Appeals.

Decided February 26, 1969.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solictor General, William L. Cahalan, Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

Kenneth A. Webb, for defendant on appeal.

BEFORE: FITZGERALD, P.J., and R.B. BURNS and BRONSON, JJ.


PER CURIAM:

Defendant was found guilty of damaging a safe, CL 1948, § 750.531 (Stat Ann 1954 Rev § 28.799), and breaking and entering, MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305).

Defendant moved for a new trial on the grounds of newly discovered evidence. The new evidence is an affidavit of Gregory Johnson stating that he and one Larry West committed the offense and the defendant did not participate.

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