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PEOPLE v. RUSHIN

Docket Nos. 11417, 11604.

37 Mich. App. 391 (1971)

194 N.W.2d 718

PEOPLE v. RUSHIN PEOPLE v. CARTER

Michigan Court of Appeals.

Decided December 7, 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 Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.

Frederick B. Bellamy, for defendant Rushin on appeal.

Gerald M. Lorence, for defendant Carter on appeal.

Before: LESINSKI, C.J., and HOLBROOK and VAN VALKENBURG, JJ.

LESINSKI, C.J.

Defendants Clarence Rushin and Herman D. Carter, Jr., were convicted by a jury of armed robbery, MCLA 750.529; MSA 28.797. Both defendants appeal as of right.

Defendants were first tried on this charge in a proceeding commencing on December 30, 1970. The jury began deliberations on January 5, 1971, and, after deliberating 1 hour and 53 minutes, reached a verdict. The following transpired as the court received the jury's verdict:

...

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