People v. Caldwell

Defendant appeals by right his April 30, 1981, conviction by a jury of delivery of heroin, MCL 333.7401(2)(a)(iii); MSA 14.15(7401)(2)(a)(iii). He was sentenced to a term of from 5 to 20 years in prison, to be served concurrently with a 1- to 5-year parole violation sentence.

Defendant first argues that the prosecution should have endorsed as res gestae witnesses the "approximately 40” patrons from the bar in which the transaction occurred. MCL 767.40; MSA 28.980 requires the prosecutor to endorse on the information all res gestae witnesses known at filing time. In this regard, the prosecution…