People v. Toneff

Defendant was found guilty by. a jury of breaking and entering with intent to commit a larceny. MCLA § 750.110 (Stat Ann 1971 Cum Supp § 28.305). Defendant appeals and asserts that reversible error resulted from (1) the failure of the prosecutor to indorse on the information and call two accomplices and (2) the trial court’s admission of a statement made by defendant to the police.

Although the prosecutor is under a general obligation to indorse and call as witnesses all noncumulative res gestae witnesses, this duty does not extend to the calling of accomplices. People v. Virgil Brown (1969),…