People v. Anthony

Defendant was tried by a jury for having committed the crime of armed robbery contrary to MCLA § 750.529 (Stat Ann 1971 Cum Supp § 28.797). He was found guilty of larceny from the person of another 1 and sentenced to a term of 9-1/2 to 10 years in Jackson Prison. This appeal is brought by right.

At the trial, a patrolman testified that he found a gun under the defendant’s bed. In addition, the gun apparently was in view of the jury for a time although it was never entered into evidence. The next day defendant made a motion for a mistrial and the trial judge denied the motion because it was not…