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PEOPLE v. McDONALD

Docket No. 11349.

38 Mich. App. 639 (1972)

196 N.W.2d 834

PEOPLE v. McDONALD

Michigan Court of Appeals.

Decided February 24, 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 Thomas R. Lewis, Assistant Prosecuting Attorney, for the people.

Carl Ziemba, for defendant on appeal.

Before: LEVIN, P.J., and R.B. BURNS and J.H. GILLIS, JJ.

LEVIN, P.J.

The defendant, Charles McDonald, appeals his conviction of armed robbery. MCLA 750.529; MSA 28.797.

The sole issue is whether the defendant is entitled to a new trial because the jurors were permitted to separate after they began deliberating and before they announced their verdict.

The statute provides that after the jurors in a criminal case retire to consider their verdict the judge may...

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