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PEOPLE v. MASSEY

Docket No. 19408.

63 Mich. App. 142 (1975)

234 N.W.2d 432

PEOPLE v. MASSEY

Michigan Court of Appeals.

Decided August 11, 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 Gerard A. Poehlman, Assistant Prosecuting Attorney, for the people.

Charles Burke, for defendant on appeal.

Before: DANHOF, P.J., and R.B. BURNS and R.M. MAHER, JJ.

R.B. BURNS, J.

Defendant was convicted by a jury of breaking and entering a building with intent to commit larceny. MCLA 750.110; MSA 28.305. Defendant appeals and we affirm.

Defendant claims the trial court erred by permitting the prosecution to call an unindorsed res gestae witness in rebuttal to the defendant's testimony.

One Eddie Moffet was manager of the Mink and Martini Lounge. When he arrived at the lounge, about 7 p.m., he saw a light on in...

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