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PEOPLE v. TYSON

Docket No. 61835.

133 Mich. App. 318 (1984)

350 N.W.2d 248

PEOPLE v. TYSON

Michigan Court of Appeals.

Decided February 22, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Jeffery Caminsky, Assistant Prosecutor, for the people.

State Appellate Defender (by Nora J. Pasman), for defendant on appeal.

Before: V.J. BRENNAN, P.J., and WAHLS and M.E. DODGE, JJ.

PER CURIAM.

After a jury trial, defendant was convicted of armed robbery, MCL 750.529; MSA 28.797, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2).

Defendant first claims that his retrial (earlier proceedings had ended in two mistrials) was barred by the constitutional ban on double jeopardy. We disagree. Defendant's second trial ended during the direct examination...

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