No. 9 January Term 1972, Docket No. 53,323.

387 Mich. 701 (1972)

199 N.W.2d 458


Supreme Court of Michigan.

Decided July 26, 1972.

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.

Arthur J. Tarnow, State Appellate Defender, for defendant on appeal.


On July 14, 1967, at approximately 4 a.m., three men attempted to hold up a restaurant-bar on East Eight Mile Road, in Detroit. The establishment had closed for the evening and a night porter, Fernando Jaime, was inside cleaning. He received a telephone call that the place was on fire and upon attempting to leave by way of the back door he was accosted by two men who took his keys and informed him that it was...

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