PEOPLE v. MERRITT

Docket No. 54874, (Calendar No. 4).

396 Mich. 67 (1976)

238 N.W.2d 31

PEOPLE v. MERRITT

Supreme Court of Michigan.

Decided January 29, 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 & Appeals, and Raymond P. Walsh, Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Stuart M. Israel), for defendant on appeal.


Decided January 29, 1976. Rehearing denied 376 Mich. 977.

WILLIAMS, J.

We are asked in this case to determine whether a trial judge abused his discretion in precluding defendant from testifying about an alibi or from presenting his alibi witnesses under our state's former alibi notice statute, MCLA 768.20; MSA 28.1043. Further, we are asked to consider whether the alibi notice statute is constitutional, or if it violates defendant's rights to due process and...

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