PEOPLE v. SHANNON

Docket No. 78-207.

88 Mich. App. 138 (1979)

276 N.W.2d 546

PEOPLE v. SHANNON

Michigan Court of Appeals.

Decided January 16, 1979.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Brian Marzec, Assistant Prosecuting Attorney, for the people.

Ostrowski, Wilson, Belanger & Boman, P.C., for defendant on appeal.

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


D.C. RILEY, J.

We address a question of first impression in this state: whether, in a trial where defendant did not testify or offer any proof, the trial court committed reversible error by instructing the jury that the witness listed in defendant's notice of alibi was present but defendant did not call him, and by allowing the prosecutor to comment on same.

Defendant Joseph Shannon was convicted by a jury on September 30, 1977, of receiving and concealing...

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