People v. Bass

I am unable to concur in the result reached by the Chief Justice. I am not persuaded that the facts appearing on this record justify the ingrafting of an exception on the rule announced in People v. Marxhausen, 204 Mich. 559 (3 A.L.R. 1505), and consistently followed by this court since. Defendant's counsel sought to raise the question on the trial but at the same time recognized the holdings of this court on the question of practice and asked permission to then make the motion to suppress. In my judgment the trial judge had the power and it was within his discretion under section 2, Circuit…