PEOPLE v. JACK

Docket No. 19195.

61 Mich. App. 638 (1975)

233 N.W.2d 120

PEOPLE v. JACK

Michigan Court of Appeals.

Decided June 9, 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 Gerald A. Poehlman, Assistant Prosecuting Attorney, for the people.

Durant, Talbot, Grant & McQuarrie, for defendant on appeal.

Before: R.B. BURNS, P.J. and M.J. KELLY and O'HARA, JJ.


M.J. KELLY, J.

We agree with much of what Judge R.B. BURNS has written. We do not condone the prosecutor's parting shot. On this record, however, the jury had already heard of shocking, monstrous misconduct attributed to the defendant. We believe that the immaterial exchange quoted by Judge BURNS was not so grievously prejudicial as to be incurable.

We vote to affirm solely because in our opinion the prosecutor's error was cured by the immediate action of...

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