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PEOPLE v. MONTGOMERY

Docket No. 20463.

64 Mich. App. 101 (1975)

235 N.W.2d 75

PEOPLE v. MONTGOMERY

Michigan Court of Appeals.

Decided August 28, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Larry L. Roberts, Assistant Prosecuting Attorney, for the people.

McCallum & Ziolkowski, for defendant.

Before: BRONSON, P.J., and V.J. BRENNAN and D.E. HOLBROOK, JR., JJ.

PER CURIAM.

The defendant was originally charged and tried for robbery unarmed, MCLA 750.530; MSA 28.798. A jury convicted him of the lesser included offense of larceny from a person, MCLA 750.357; MSA 28.589. Defendant appeals as of right.

Defendant, who was free on bond, failed to appear for the third day of a three day trial. After a two hour delay and an inquiry as to the defendant's whereabouts, which did not resolve the mystery of the defendant's absence...

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