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PEOPLE v. IVORY

Docket No. 21346.

64 Mich. App. 537 (1975)

236 N.W.2d 521

PEOPLE v. IVORY

Michigan Court of Appeals.

Decided September 24, 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.

Alvin C. Sallen, for defendant.

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

Leave to appeal denied, 396 Mich ___.

QUINN, J.

Defendant was tried on a charge of first-degree murder, MCLA 750.316; MSA 28.548. The jury found him guilty of second-degree murder, MCLA 750.317; MSA 28.549 on June 4, 1974. He was sentenced and he appeals on two issues:

1. The cross-examination of defendant by the prosecuting attorney and the latter's comments during closing argument violated defendant's constitutional right to remain silent and created...

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