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PEOPLE v. NEWCOMB

Docket Nos. 117605, 118019.

190 Mich. App. 424 (1991)

476 N.W.2d 749

PEOPLE v. NEWCOMB

Michigan Court of Appeals.

Decided July 23, 1991, at 9:00 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Richard Thompson, Prosecuting Attorney, Michael J. Modelski, Chief, Appellate Division, and Kathryn G. Barnes and Sarah E. Hunter, Assistant Prosecuting Attorneys, for the people.

John D. Lazar, for Ronald W. Newcomb.

Charles M. Sibert, for Joseph L. Newcomb.

Before: DANHOF, C.J., and HOLBROOK, JR. and SULLIVAN, JJ.

PER CURIAM.

Defendants were charged with armed robbery, MCL 750.529; MSA 28.797, and with breaking and entering an occupied dwelling with intent to commit larceny, MCL 750.110; MSA 28.305. In a joint trial, defendant Joseph Newcomb was convicted by a jury of breaking and entering, and on the following day defendant Ronald Newcomb, who had waived trial by jury, was convicted by the trial judge of both armed robbery and breaking and entering. Ronald Newcomb was sentenced...

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