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PEOPLE v. WIES

Docket No. 7,493.

24 Mich. App. 294 (1970)

180 N.W.2d 123

PEOPLE v. WIES

Michigan Court of Appeals.

Decided June 1, 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 Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

M. Hector Cisneros, for defendant on appeal.

Before: FITZGERALD, P.J., and J.H. GILLIS and O'HARA, JJ.

PER CURIAM.

Defendant was convicted in a nonjury trial of breaking and entering a factory with intent to commit larceny therein. MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). On appeal, defendant contends that the trial court erred in allowing an unindorsed res gestae witness to testify at trial over defense counsel's objection. The witness was indorsed during trial upon motion of the prosecutor. The trial judge permitted the indorsement; he was...

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