PEOPLE v. STEWART

Docket No. 48518.

107 Mich. App. 458 (1981)

309 N.W.2d 564

PEOPLE v. STEWART.

Michigan Court of Appeals.

Decided May 26, 1981.


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 Janice M. Joyce, Assistant Prosecuting Attorney, for the people.

Robert C. Mueckenheim, for defendant on appeal.

Before: DANHOF, C.J., and J.H. GILLIS and D.E. HOLBROOK, JR., JJ.


PER CURIAM.

Defendant was convicted by a jury of second-degree murder, MCL 750.317; MSA 28.549. Thereafter sentenced to a term of life imprisonment, he appeals as of right.

Defendant's first claim is that the trial court erred in allowing a witness to testify that he identified defendant from a photographic lineup conducted while defendant was in custody. While we conclude that the trial court did err in allowing such testimony into evidence, People v Anderson...

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