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PEOPLE v. WYNN

Docket No. 24634.

73 Mich. App. 713 (1977)

253 N.W.2d 123

PEOPLE v. WYNN

Michigan Court of Appeals.

Decided March 1, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Bruce A. Barton, Prosecuting Attorney, and James M. Justin, Assistant Prosecuting Attorney, for the people.

Lester O. Pollak, for defendant.

Before: DANHOF, C.J., and BASHARA and R.M. MAHER, JJ.

BASHARA, J.

Defendant was convicted of prison escape, MCLA 750.193; MSA 28.390, and appeals.

One issue raised by the defendant is a matter of first impression in Michigan and will be dispositive of this action. On January 8, 1974, the defendant filed a petition in the United States District Court for the Eastern District of Michigan seeking removal under the authority of 28 USCA 1443. He subsequently gave notice of the filing of that petition to the Jackson...

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