PEOPLE v. DE SMYTHER

Docket No. 6,572.

23 Mich. App. 48 (1970)

178 N.W.2d 83

PEOPLE v. DE SMYTHER

Michigan Court of Appeals.

Decided March 30, 1970.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Thaddeus F. Hamera, Chief Appellate Lawyer, and Stephen F. Osinski, Assistant Prosecuting Attorney, for the people.

Thomas E. Ackerman, for defendant.

Before: LESINSKI, C.J., and QUINN and V.J. BRENNAN, JJ.


PER CURIAM.

Defendant's jury trial resulted in his conviction of breaking and entering in violation of MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305). He was sentenced and he appeals. The substantiality of the appeal is demonstrated by defendant's first issue and certain facts of record.

Defendant first asks, "Was the court's denial of defendant's motion to endorse additional res gestae witnesses error?". The record indicates that the alleged...

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