PEOPLE v. SZELES

Docket No. 1,916.

18 Mich. App. 575 (1969)

171 N.W.2d 550

PEOPLE v. SZELES

Michigan Court of Appeals.

Decided August 25, 1969.


Attorney(s) appearing for the Case

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

Seymour Posner (Ruth Ritter, of counsel), for defendant on appeal.

Before: LESINSKI, C.J., and J.H. GILLIS and BEER, JJ.


PER CURIAM.

Defendant asserts he was deprived of a fair trial because the trial judge refused to permit a certain witness to be called in his behalf. Both prosecution and defense asked the trial court to exclude all witnesses before the taking of any testimony. The judge granted their mutual request. The witness in question was an unindorsed witness who admitted hearing the command of the court excluding witnesses. It appears that she stayed in the courtroom and heard...

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