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PEOPLE v. THOMAS

Docket No. 6,543.

25 Mich. App. 213 (1970)

181 N.W.2d 328

PEOPLE v. THOMAS

Michigan Court of Appeals.

Decided July 2, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.

Gregory M. Pillon, for defendant.

Before: R.B. BURNS, P.J., and LEVIN and CHURCHILL, JJ.

LEVIN, J.

The defendant appeals his conviction of assault with intent to rob while being armed.1 He claims that the trial judge erred in refusing to alternate peremptory jury challenges. We agree and remand for a new trial.

This is a capital case and the defendant, therefore, had 20 peremptory challenges and the people 15.2

The judge insisted that the defendant exercise all his peremptory challenges...

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