R.L. TAHVONEN, J.
Defendant was convicted by a jury of assaulting a jail custodian, MCL 750.197c; MSA 28.394(3), and appeals by leave granted. We reverse because the trial court erred in concluding that the defendant was not prejudiced by the failure of the prosecution to exercise due diligence to produce two endorsed res gestae witnesses at trial.
On February 18, 1979, defendant was arrested on a charge of assault with intent to murder and was taken to the...
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