People v. Falkner

I concur in the result reached hy the majority. I write separately to state my views about the use of photographic evidence.

As I stated in my dissent in People v. Phillips (1969), 20 Mich App 103, 117, aff'd (1971), 385 Mich 30, “even if the photographs in the present case had had probative value, they might still have been inadmissible because of the inflammatory nature of their content”. That statement applies to this case.

My brethren rely on 23 CJS, Criminal Law, § 852(1), pp 352, 353, which states in pertinent part: “The test of admissibility in such cases is whether the probative value…