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PEOPLE v. PEARSON

Docket Nos. 57147, 56977, 57273. (Calendar Nos. 8-10).

404 Mich. 698 (1979)

273 N.W.2d 856

PEOPLE v. WILLIE PEARSON PEOPLE v. LINDSAY PEARSON PEOPLE v. WYNN PEOPLE v. SCHWARTZ

Supreme Court of Michigan.

Decided January 8, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and William L. Cahalan, Prosecuting Attorney, for the people.

Edward Reilly Wilson, Research, Training & Appeals, and Raymond P. Walsh, Assistant Prosecuting Attorney, for the people in Pearson.

Stephen H. Boak and Raymond P. Walsh, Assistants Prosecuting Attorney, for the people in Wynn.

Edward Reilly Wilson, Research, Training & Appeals, and Maura D. Corrigan, Assistant Prosecuting Attorney, for the people in Schwartz.

Carl Ziemba for defendants Pearson.

Leonard Townsend for defendant Wynn.

Theodore B. Sallen (by Alvin C. Sallen) for defendant Schwartz.

Decided January 8, 1979. Rehearing denied as to Pearson 406 Mich. 1104.

COLEMAN, J.

We agree that the convictions of Willie and Lindsay Pearson should be affirmed. We also concur in the result that the convictions of Willie Wynn and John J. Schwartz should be reversed. In Schwartz, reversal is required because the prosecutor failed to exercise sufficient diligence in his attempts to produce Don Cager (one of two on-the-scene witnesses), regardless of...

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