People v. Talaga

Defendant was charged with and convicted by jury verdict of armed robbery, MOLA § 750.529 (Stat Ann 1971 Cum Supp § 28.797). He was sentenced and he appeals.

Defendant states the first issue raised on appeal as, “Did the court commit error when it failed to grant the defendant’s motion for a mistrial at the time the prosecutor asked the defendant under oath' whether or not he was a heroin addict, and was the question and the testimony elicited thereby prejudicial to the rights of the defendant?” We view this issue in context with the facts developed at trial.

When the prosecution rested, it had…