People v. Rogers

The majority of the panel properly concluded that the trial court committed error in relieving the prosecution of the duty to produce Samuel Jackson who was indorsed as a res gestae witness on motion during trial. The record made at trial does not excuse his nonproduction. Further, it was error for the trial court, upon the people’s motion, to strike him as a res gestae witness under the facts of this case. In addition, the trial court erroneously denied the prosecution and the defense the right to present evidence on the question of whether Samuel Jackson was in fact a res gestae witness and…