PEOPLE v. LOVE

Docket No. 5,628.

18 Mich. App. 228 (1969)

171 N.W.2d 33

PEOPLE v. LOVE

Michigan Court of Appeals.

Rehearing denied September 2, 1969.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Thaddeus F. Hamera, Chief Appellate Lawyer, and Stephen F. Osinski, Assistant Prosecuting Attorney, for the people.

William A. Gentz, for defendant.

Before: LESINSKI, C.J., and QUINN and DANHOF, JJ.


QUINN, J.

Defendant was convicted by jury verdict of breaking and entering in violation of MCLA § 750.110 (Stat Ann 1969 Cum Supp § 28.305), and he was sentenced to prison. His motion for new trial was denied and he appeals.

Defendant's first assignment of error relates to an in-court identification of defendant by an eyewitness, which defendant contends was tainted by an illegally held lineup. When the prosecuting attorney asked the witness for...

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