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PEOPLE v. HORACE WILLIAMS

Docket No. 24440.

77 Mich. App. 402 (1977)

258 N.W.2d 737

PEOPLE v. HORACE WILLIAMS

Michigan Court of Appeals.

Decided August 22, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, John Smietanka, Prosecuting Attorney, and Sally M. Zack, Assistant Prosecuting Attorney, for the people.

John A. Lydick, Assistant State Appellate Defender, for defendant.

Before: D.E. HOLBROOK P.J., and BASHARA and R.E.A. BOYLE, JJ.

D.E. HOLBROOK, P.J.

We concur in the factual findings contained in the dissenting opinion. However we find no "dilemma" with respect to raising the issue of production of res gestae witnesses. Appellate counsel was appointed on April 9, 1975, and had 60 days in which to either file a motion for new trial on the res gestae witness issue or file a claim of appeal, GCR 1963, 803.1. Claim of appeal was filed on June 9, 1975. Neither defendant nor the dissent cite any...

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