People v. Smith

I disagree with both of the majority’s bases for reversal and would affirm defendant’s convictions.

In finding defendant guilty of armed robbery, the tried court stated in part:

The testimony of the complainant was that there were two guns, that both people had guns, they both participated in the robbery, they both got into the car and drove the car off. Mr. Flowers and Mr. Smith were seen in the complainant’s car, and they both took off and ran. At no time did Mr. Smith state to the police, there’s been no testimony that, ”Mr. Flowers did it, I was just there, and he forced me to go along.”…