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PEOPLE v. SIMMONS

Docket Nos. 14607, 14171.

49 Mich. App. 80 (1973)

211 N.W.2d 247

PEOPLE v. SIMMONS PEOPLE v. CLARK

Michigan Court of Appeals.

Decided August 28, 1973.

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 Samuel J. Smargon and Thomas M. Khalil, Assistant Prosecuting Attorneys, for the people.

Frederick B. Bellamy, for defendant Simmons.

Carl Ziemba, for defendant Clark.

Before: J.H. GILLIS, P.J., and HOLBROOK and BASHARA, JJ.

Leave to appeal denied as to Simmons, 391 Mich ___.

BASHARA, J.

Defendant Simmons was found guilty in a nonjury trial of the offenses of abduction and armed robbery. Defendant Clark was convicted by a jury of abduction but was found not guilty of the charge of armed robbery. From these convictions both defendants appeal.

The following facts are relevant to the disposition of this appeal. During the early morning hours of July 5, 1971, the complainant...

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