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PEOPLE v. KENNETH SMITH

Docket No. 21256.

63 Mich. App. 35 (1975)

233 N.W.2d 883

PEOPLE v. KENNETH SMITH PEOPLE v. JENNETTE

Michigan Court of Appeals.

Decided July 23, 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.

Monash & Moss, P.C., for defendants.

Before: BRONSON, P.J., and V.J. BRENNAN and D.E. HOLBROOK, JR., JJ.

PER CURIAM.

Defendants were found guilty by a jury of breaking and entering, contrary to MCLA 750.110; MSA 28.305. Defendant Harold Jennette, Jr. was sentenced to a prison term of from four to ten years, while defendant Kenneth Smith received from five to ten years. Both defendants appeal by right.

The defendants here contend that the trial judge should have declared a mistrial when a third codefendant failed to show up for the second day of trial after being...

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