People v. Niswonger

Defendant was convicted by a jury of unlawful delivery of a Schedule 3 controlled substance, contrary to MCL 335.341(l)(b); MSA 18.1070(41)(l)(b). Defendant was sentenced to a term of 90 days in the county jail and appeals as of right. On appeal, defendant claims that the trial judge erred reversibly in finding that the prosecutor had exercised due diligence in attempting to secure the presence of a res gestae witness at trial and in allowing that witness’s testimony from defendant’s preliminary examination to be introduced at trial.

The alleged delivery took place at defendant’s home while…