PEOPLE v. CUYLER

Docket No. 10685.

38 Mich. App. 490 (1972)

196 N.W.2d 870

PEOPLE v. CUYLER

Michigan Court of Appeals.

Decided February 23, 1972.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, John M. Jereck, Acting Prosecuting Attorney, and Noel G. Petersen. Chief Prosecuting Attorney, for the people.

Edward J. Hackett, for defendant on appeal.

Before: R.B. BURNS, P.J., and LEVIN and T.M. BURNS, JJ.


Leave to appeal denied, 387 Mich. 793.

R.B. BURNS, P.J.

The defendant was convicted of the crime of assault with intent to rape. MCLA 750.85; MSA 28.280.

Defendant's objection to the use of testimony from a preliminary examination transcript is without merit. The record shows an exercise of due diligence and a good faith effort by the prosecutorial authorities to obtain trial attendance of the missing witness. Barber v Page,

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