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PEOPLE v. WYTCHERLY

Docket No. 94371.

176 Mich. App. 714 (1989)

440 N.W.2d 107

PEOPLE v. WYTCHERLY

Michigan Court of Appeals.

Decided May 1, 1989.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Harold F. Closz, III, Prosecuting Attorney, and Judith K. Simonson, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by F. Michael Schuck), for defendant on appeal.

Before: SULLIVAN, P.J., and MacKENZIE and G. SCHNELZ, JJ.

ON REHEARING

G. SCHNELZ, J.

We have granted the people's motion for rehearing of our decision set forth at 172 Mich.App. 213; 431 N.W.2d 463 (1988), in order to reconsider whether the trial judge made improper ex parte communications to the jury under People v Cain, 409 Mich. 858; 294 N.W.2d 692 (1980), rev'g 94 Mich.App. 644;

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