PEOPLE v. LOWE

Docket No. 25144.

71 Mich. App. 340 (1976)

248 N.W.2d 263

PEOPLE v. LOWE

Michigan Court of Appeals.

Decided September 27, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Research, Training and Appeals, and Thomas A. Ziolkowski, Assistant Prosecuting Attorney, for the people.

Doherty & Thomas, P.C., for defendant.

Before: J.H. GILLIS, P.J., and T.M. BURNS and W. VAN VALKENBURG, JJ.


J.H. GILLIS, P.J.

Defendant was tried by a jury and convicted of armed robbery. MCLA 750.529; MSA 28.797. He was sentenced to a prison term of 5 to 10 years and appeals.

The defense theory was based upon mere presence at the scene of the robbery. Defendant testified that he and two acquaintances, James McGill and Adrian Brooks, entered the Fairlane Market. Adrian Brooks purchased a package of cigarettes. When...

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