Docket No. 8446.

28 Mich. App. 510 (1970)

184 N.W.2d 487


Michigan Court of Appeals.

Decided December 7, 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. Poehl- man, Assistant Prosecuting Attorney, for the people.

Alan A. May, for defendant on appeal.

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


Defendant appeals his nonjury conviction of larceny in a building. MCLA § 750.360 (Stat Ann 1954 Rev § 28.592).

Defendant claims error in plaintiff's failure to indorse and produce an alleged res gestae witness,1 a co-defendant whose case was subsequently dismissed. The rule requiring the people to indorse on the information and call all res gestae witnesses does not apply to accomplices.

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