PEOPLE v. MAY

Docket Nos. 8286, 9722.

36 Mich. App. 707 (1971)

193 N.W.2d 895

PEOPLE v. MAY PEOPLE v. COPEMAN.

Michigan Court of Appeals.

Decided October 28, 1971.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Chief Assistant Prosecuting Attorney, for the people.

George R. Darrah, for defendant May on appeal.

Shaker Brackett, for defendant Copeman on appeal.

Before: QUINN, P.J., and DANHOF and TARGONSKI, JJ.


PER CURIAM.

These codefendants were tried together before a jury and were convicted of breaking and entering with intent to commit a larceny. They were sentenced. About a year thereafter, the only witness who identified defendants and involved them in the crime recanted by letter to the trial judge and by affidavit, asserting the falsity of his trial testimony.

Each defendant moved for a new trial on the basis of this affidavit. At the hearing on each motion...

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