ON REMAND
PER CURIAM:
Due to the complex path this case has taken through our court system, it is necessary to set forth a short judicial history of what has transpired to date.
Defendant was convicted of assault with intent to rob being armed, MCL 750.89; MSA 28.284, by a Detroit Recorder's Court jury. At trial, the judge found no due diligence had been exercised by the prosecutor to produce a res gestae witness. The prosecutor admitted this fact...
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