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PEOPLE v. BUDARY

Docket No. 6,444.

22 Mich. App. 485 (1970)

177 N.W.2d 672

PEOPLE v. BUDARY

Michigan Court of Appeals.

Decided March 24, 1970.

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 Joseph C. Murphy, Assistant Prosecuting Attorney, for the people.

Raymond J. DeRyck (Dominic R. Carnovale, of counsel), for defendant on appeal.

Before: DANHOF, P.J., and FITZGERALD and McGREGOR, JJ.

DANHOF, P.J.

Defendant Budary and a codefendant, Howard Commons, were found guilty of robbery armed by a jury on February 20, 1963, CLS 1961, § 750.529 (Stat Ann 1970 Cum Supp § 28.797). It was the theory of the prosecution that Budary and Commons, along with James Murphy and Robert Richter, committed an armed robbery of a Food Fair market in Detroit on December 4, 1961. Initially, only Budary, Commons and...

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