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PEOPLE v. BENSON

Docket No. 9151.

36 Mich. App. 121 (1971)

193 N.W.2d 193

PEOPLE v. BENSON

Michigan Court of Appeals.

Decided September 28, 1971.

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 Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.

M. John Shamo, for defendant on appeal.

Before: R.B. BURNS, P.J., and J.H. GILLIS and DANHOF, JJ.

Leave to appeal denied, 387 Mich. 780.

PER CURIAM.

Defendant was convicted by a jury for the offense of armed robbery. MCLA § 750.529 (Stat Ann 1971 Cum Supp § 28.797).

While under direct examination, defendant blurted, "I realize that what they have me charged with carries life." Whereupon, the prosecution, out of hearing of the jury, moved for a mistrial. The court did not rule on the motion...

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