PEOPLE v. FIDEL

Docket Nos. 10001, 10004.

37 Mich. App. 338 (1971)

194 N.W.2d 732

PEOPLE v. FIDEL PEOPLE v. HODO

Michigan Court of Appeals.

Decided December 6, 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 Thomas R. Lewis, Assistant Prosecuting Attorney, for the people.

Alice Brantley Rucker, for defendant Fidel on appeal.

Arthur J. Tarnow, State Appellate Defender (by M. Gerald Schwartzbach), for defendant Hodo on appeal.

Before: LESINSKI, C.J., and V.J. BRENNAN and O'HARA, JJ.


O'HARA, J.

These are appeals from jury convictions of the offense of robbery armed. MCLA § 759.529 (Stat Ann 1971 Cum Supp § 28.797). These appeals were taken of right.

The factual background and the prior proceedings are somewhat complex, and we deem it advisable to set them both out in relative detail before we undertake disposition of the controlling legal question.

On May 16, 1967, a Detroit hotel, catering to very short-time occupancy...

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