PEOPLE v. McCADNEY

Docket No. 52086.

111 Mich. App. 545 (1981)

315 N.W.2d 175

PEOPLE v. McCADNEY

Michigan Court of Appeals.

Decided November 30, 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.

Craig A. Daly (Gary Granader, of counsel), for defendant on appeal.

Before: D.C. RILEY, P.J., and CYNAR and H.R. GAGE, JJ.


CYNAR, J.

Defendant was convicted by a jury of armed robbery, MCL 750.529; MSA 28.797, was sentenced to serve from 20 to 30 years in prison and appealed. In our initial decision released on August 11, 1981, and unreported, we held that there was insufficient evidence of a dangerous weapon as defined in the armed-robbery statute. The prosecutor's subsequent motion for rehearing was granted. After careful reconsideration of the issue we conclude that our prior decision...

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