Docket Nos. 12564, 12565.

42 Mich. App. 195 (1972)

201 N.W.2d 353


Michigan Court of Appeals.

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 Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.

Carl Ziemba, for defendants on appeal.

Before: V.J. BRENNAN, P.J., and QUINN and O'HARA, JJ.

Leave to appeal denied as to Smith, 389 Mich. 769.


A jury convicted defendants of armed robbery, MCLA 750.529; MSA 28.797. They were sentenced and they appeal. Three identical issues are raised by each defendant, and defendant Smith raises a fourth issue.

Defendant Allen testified that the robbery occurred but that he was an innocent bystander. Defense counsel admitted in closing argument that a robbery occurred, "Now, I won't argue with...

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