PEOPLE v. JIMMY WASHINGTON

Docket No. 46324.

99 Mich. App. 439 (1980)

297 N.W.2d 695

PEOPLE v. JIMMY WASHINGTON

Michigan Court of Appeals.

Decided August 13, 1980.


Attorney(s) appearing for the Case

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

Simmons & Richards, for defendant on appeal.

Before: BASHARA, P.J., and D.C. RILEY and E.A. QUINNELL, JJ.


PER CURIAM.

On May 1, 1979, defendant was found guilty by a jury of armed robbery, contrary to MCL 750.529; MSA 28.797. He was sentenced to an imprisonment term of 10 to 15 years and now appeals as of right.

Defendant advances a plethora of arguments, only one of which we need address. He contends that the lower court wrongly submitted the issue of due diligence to the jury. We agree.

If a res gestae witness is not produced at trial, then it must be...

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