PEOPLE v. PATTON

Docket No. 64439.

411 Mich. 490 (1981)

308 N.W.2d 163

PEOPLE v. PATTON

Supreme Court of Michigan.

Decided July 13, 1981.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Randy H. Smith, Prosecuting Attorney, and Leonard J. Malinowski, Assistant Attorney General, Prosecuting Attorneys Appellate Service, for the people.

O'Connor, McNamara & O'Keefe for defendant.


PER CURIAM:

At the defendant's trial on a charge of murder in the first degree, the prosecutor was permitted, over defense objection, to place into evidence an affidavit which the victim (defendant's wife) had supplied in connection with a petition for a preliminary injunction in a divorce proceeding. Because we conclude that the affidavit was inadmissible as hearsay and that the admission of this evidence was not harmless error, we reverse and remand for a new trial...

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