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PEOPLE v. BELEN JOHNSON

Docket No. 20166.

62 Mich. App. 63 (1975)

233 N.W.2d 188

PEOPLE v. BELEN JOHNSON

Michigan Court of Appeals.

Decided June 10, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Harvey A. Koselka, Prosecuting Attorney (Prosecuting Attorneys Appellate Service, Edward R. Wilson, Director, and Lee W. Atkinson, Special Assistant Attorney General, of counsel), for the people.

Elizabeth Schwartz, Assistant State Appellate Defender, for defendant.

Before: DANHOF, P.J. and D.E. HOLBROOK, JR. and O'HARA, JJ.

O'HARA, J.

On October 2, 1973, Belen Johnson, Jr., defendant in this case, was arraigned in Lenawee County Circuit Court on a charge of possession of heroin with intent to deliver in violation of MCLA 335.341(1)(a); MSA 18.1070(41)(1)(a). Defendant was tried before a jury on that charge on November 14 and 15, 1973. That proceeding ended in a mistrial when the prosecution failed to produce an indorsed res gestae witness...

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