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PEOPLE v. SMITH

Docket No. 22097.

68 Mich. App. 551 (1976)

243 N.W.2d 681

PEOPLE v. ELIJAH SMITH

Michigan Court of Appeals.

Decided April 26, 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 and Appeals, and Charles P. Kellett, Assistant Prosecuting Attorney, for the people.

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

Before: J.H. GILLIS, P.J., and ALLEN and M.J. KELLY, JJ.

Leave to appeal applied for.

J.H. GILLIS, P.J.

Judge ALLEN and I are in agreement with that portion of Judge KELLY'S opinion which affirms the conviction. We agree with the language set forth therein and the reasoning embodied in his opinion for affirmance.

We further agree that the defendant should receive any credit for time served to which he may be entitled. GCR 1963, 785.8(3), People v Peterson, 62 Mich.App. 258

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