Docket No. 101936.

176 Mich. App. 254 (1989)

439 N.W.2d 354


Michigan Court of Appeals.

Decided April 3, 1989.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, and George E. Ward, Chief Assistant Prosecuting Attorney, for the people.

James A. Waske and Sharon A. Payne, and Kenneth R. Sasse, for defendant.

Before: HOLBROOK, JR., P.J., and MacKENZIE and N.A. BAGULEY, JJ.


The prosecutor appeals by leave granted the decision of the Detroit Recorder's Court that People v Whitty, 96 Mich.App. 403; 292 N.W.2d 214 (1980), is controlling in the instant case rather than Tennessee v Garner, 471 U.S. 1; 105 S.Ct. 1694; 85 L Ed 2d 1 (1985). We reverse.

On October 15, 1986, at approximately 1:10...

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