PEOPLE v. GAFFNEY

Docket No. 14454.

51 Mich. App. 526 (1974)

215 N.W.2d 587

PEOPLE v. GAFFNEY

Michigan Court of Appeals.

Decided March 1, 1974.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Eugene C. Penzien, Prosecuting Attorney, for the people.

Stuart M. Israel, Assistant State Appellate Defender, for defendant.

Before: DANHOF, P.J., and BRONSON and O'HARA, JJ.


O'HARA, J.

This is an appeal of right from a jury conviction of the charged offense of the sale of heroin. We omit the citation because the statute has since been repealed and replaced.

Five errors are assigned: First, the impermissible excuse by the trial judge of the production of a res gestae witness because the prosecution failed to demonstrate due diligence in an effort to obtain his presence. Second, the...

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