People v. Shannon

We address a question of first impression in this state: whether, in a trial where defendant did not testify or offer any proof, the trial court committed reversible error by instructing the jury that the witness listed in defendant’s notice of alibi was present but defendant did not call him, and by allowing the prosecutor to comment on same.

Defendant Joseph Shannon was convicted by a jury on September 30, 1977, of receiving and concealing stolen property valued over $100, MCL 750.535; MSA 28.803, and was sentenced to a term of 40 to 60 months imprisonment. The evidence at trial showed that…