PEOPLE v. LOUIS

Docket No. 8,219.

23 Mich. App. 640 (1970)

179 N.W.2d 227

PEOPLE v. LOUIS

Michigan Court of Appeals.

Decided May 1, 1970.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Thomas G. Plunkett, Prosecuting Attorney, Dennis Donohue, Chief Appellate Counsel, and Edward Sosnick, Assistant Prosecuting Attorney, for the people.

Smith, Magnusson & Anderson (Douglas Chartrand, of counsel), for defendant on appeal.

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


PER CURIAM.

Defendant, tried before a judge sitting without a jury, was found guilty of manslaughter, CL 1948, § 750.321 (Stat Ann 1954 Rev § 28.553), for the fatal shooting of her husband.

The only issue raised upon appeal is whether there was a miscarriage of justice because a witness, a male nurse, was not subpoenaed by the prosecution to appear at trial. The witness (Brownell) was alleged to have heard the deceased state, before he expired, that...

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