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PEOPLE v. CUMMINGS

Docket No. 11889.

42 Mich. App. 108 (1972)

201 N.W.2d 358

PEOPLE v. CUMMINGS.

Michigan Court of Appeals.

Decided July 25, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Donald A. Burge, Prosecuting Attorney, and Stephen M. Wheeler, Chief Appellate Attorney, for the people.

McKinley, Jerkins & Reisterer, for defendant on appeal.

Before: FITZGERALD, P.J., and HOLBROOK and T.M. BURNS, JJ.

FITZGERALD, P.J.

The defendant, Richard Cummings, appeals his jury conviction of breaking and entering.1 Defendant's only claim of error is that the trial court improperly denied his motion for new trial where defendant offered newly discovered evidence which would establish his innocence.

During the course of defendant's trial, John McWilliams, a participant in the crime, testified that the defendant was the originator of the...

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