People v. Merritt

Undergirding the majority opinion are two significant extensions of present case and statutory law as to alibi witnesses which give rise to this dissent. In fact, the relevant statute1 as well as its successor which is the present statute2 would be rendered virtually meaningless.

In this armed robbery case, notice of alibi was presented on the day of trial. Defendant claims that the judge abused his discretion (1) in not allowing a continuance and (2) not allowing him to testify as to his alibi.

First, the majority rely primarily upon People v Charles O Williams, 386 Mich 565; 194 NW2d 337…