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PEOPLE v. HOLLIDAY

Docket No. 13906.

44 Mich. App. 210 (1972)

205 N.W.2d 93

PEOPLE v. HOLLIDAY.

Michigan Court of Appeals.

Decided December 6, 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 Robert A. Reuther, Assistant Prosecuting Attorney, for the people.

James R. Neuhard, Acting State Appellate Defender, for defendant.

Before: LESINSKI, C.J., and FITZGERALD and J.H. GILLIS, JJ.

Leave to appeal applied for.

LESINSKI, C.J.

Defendants were charged in a two-count information with rape and armed robbery, MCLA 750.520; MSA 28.788, and MCLA 750.529; MSA 28.797. They were convicted by a jury of rape; they appeal as of right.

Defendants contend the trial court erred when it failed to instruct the jury sua sponte that the prior inconsistent statements of a res gestae witness could not be considered as substantive evidence and...

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