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PEOPLE v. SMITH

Docket No. 22036.

64 Mich. App. 263 (1975)

235 N.W.2d 754

PEOPLE v. SMITH

Michigan Court of Appeals.

Decided September 11, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Richard J. Pasarela, Prosecuting Attorney (Prosecuting Attorneys Appellate Service, Edward R. Wilson, Director, and Dennis M. Powers, Special Assistant Attorney General, of counsel), for the people.

Loeks, Buth, Wood & Weidaw, for defendant.

Before: McGREGOR, P.J., and D.E. HOLBROOK and N.J. KAUFMAN, JJ.

N.J. KAUFMAN, J.

Defendant was convicted by a Muskegon County Circuit Court jury of armed robbery, MCLA 750.529; MSA 28.797. He was subsequently sentenced to a term of 5 to 20 years and now appeals of right.

The important facts concerning the robbery are not in dispute. In brief, defendant allegedly entered a Muskegon grocery store at approximately 11 p.m. on July 30, 1972. According to the complainant-store-owner

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