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PEOPLE v. ROBINSON

Docket No. 17165.

54 Mich. App. 704 (1974)

221 N.W.2d 596

PEOPLE v. ROBINSON

Michigan Court of Appeals.

Decided August 13, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Douglas A. Springstead, Prosecuting Attorney, and Richard J. Farabaugh, Assistant Prosecuting Attorney, for the people.

Terrance R. Thomas, for defendant.

Before: HOLBROOK, P.J., and T.M. BURNS and R.L. SMITH, JJ.

R.L. SMITH, J.

After a jury trial the defendant was convicted of breaking and entering. MCLA 750.110; MSA 28.305. He was sentenced to a term in prison of from two to ten years. Defendant now appeals and we reverse and remand for a new trial.

The defendant's defense was that he was not in Newaygo County at the time the offense was committed but was in the City of Grand Rapids. On the day of trial, prior to drawing the jury, defendant moved for permission to...

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