Leave to appeal granted May 20, 1971. 384 Mich. 842.
KELLEY, J.
On July 14, 1967, at approximately 4 a.m., three men attempted to rob a restaurant-bar. The establishment had closed for the evening, but a night porter, Fernando, was inside cleaning the premises. Immediately before the attempt, Fernando received a telephone call in which the caller informed him that the premises were on fire and that
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