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PEOPLE v. GUNNE

Docket No. 19135.

66 Mich. App. 318 (1975)

239 N.W.2d 603

PEOPLE v. GUNNE.

Michigan Court of Appeals.

Opinion on rehearing filed January 6, 1976.

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 Michael R. Mueller, Assistant Prosecuting Attorney, for the people.

Barris & Crehan, P.C. (by Ivan E. Barris and Michael H. Golob) for defendant.

Before: T.M. BURNS, P.J., and QUINN and M.J. KELLY, JJ.

ON REHEARING

T.M. BURNS, P.J.

Our original opinion in this case is at 65 Mich.App. 216 (1975). In that opinion we reversed defendant Gunne's conviction for conspiracy to commit first-degree murder and assault with intent to commit murder. We held that a defense witness was improperly impeached by the admission into evidence of a prior inconsistent statement without a foundation first being laid for such impeachment...

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