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PEOPLE v. BURTON

Docket No. 25010.

71 Mich. App. 473 (1976)

247 N.W.2d 336

PEOPLE v. BURTON

Michigan Court of Appeals.

Decided August 26, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney and Donald A. Kuebler, Assistant Prosecuting Attorney, for the people.

Duncan MacDonald, for defendant.

Before: QUINN, P.J., and D.E. HOLBROOK and BEASLEY, JJ.

PER CURIAM.

In this case, the circuit court acted as an appellate tribunal, hearing an appeal on leave granted from a district court conviction of the lesser included offense of impaired driving.

The record indicates timely objection by the defendant to the failure of the prosecutor to produce or to make adequate excuse for failure to produce a res gestae witness.

Apparently all, i.e., circuit...

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