PEOPLE v. McCOY

No. 12 January Term 1974, Docket No. 54,741.

392 Mich. 231 (1974)

220 N.W.2d 456

PEOPLE v. McCOY

Supreme Court of Michigan.

Decided August 2, 1974.


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 Gerard A. Poehlman, Assistant Prosecuting Attorney, for the people.

Leonard C. Jaques (Carl Ziemba, of counsel), for defendant on appeal.


WILLIAMS, J. (for reversal).

My Sister M.S. COLEMAN has well and fully set forth the facts and issues in this case. However, I find reversible error in the judge's alibi instruction and in his failure to balance his denigrating of the alibi defense with appropriate instructions on the credibility of an alleged accomplice, the prosecutor's only witness putting defendant at the scene of the crime. Additionally, certain of the prosecutor's remarks were less than...

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