PEOPLE v. WARE

Docket No. 7649.

28 Mich. App. 434 (1970)

184 N.W.2d 533

PEOPLE v. WARE

Michigan Court of Appeals.

Decided December 3, 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 Gerard A. Poehlman, Assistant Prosecuting Attorney, for the people.

Earl A. Mossner, for defendant on appeal.

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


PER CURIAM.

Defendant was found guilty by a jury of the offense of armed robbery, MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797). The complaining witness was a cab driver who was robbed at gunpoint and immediately thereafter described his assailant to the police. When defendant was arrested, 13 days later, the complainant positively identified the defendant from a lineup of six men as the person who had robbed him. Defendant claims a defense of alibi....

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