PEOPLE v. HERBERT SMITH

Docket No. 7622.

34 Mich. App. 205 (1971)

191 N.W.2d 392

PEOPLE v. HERBERT SMITH

Michigan Court of Appeals.

Decided June 21, 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 Gerard A. Poehlman, Assistant Prosecuting Attorney, for the people.

Gerald S. Surowiec, for defendant on appeal.

Before: V.J. BRENNAN, P.J., and J.H. GILLIS and T.M. BURNS, JJ.


T.M. BURNS, J.

Defendant appeals from his conviction of unarmed robbery, MCLA § 750.530 (Stat Ann 1954 Rev § 28.798).

Defendant first contends that the trial court was without jurisdiction because the trial was not commenced within 180 days after defendant was committed to prison on another charge. MCLA § 780.131 (Stat Ann 1971 Cum Supp § 28.969[1]) provides:

"Whenever the department of corrections shall receive notice that there...

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