People v. Drake

Following a bench trial on September 22, 1983, defendant was found guilty of armed robbery, MCL 750.529; MSA 28.797. Sentenced to one and one-half to five years in prison, defendant appeals as of right raising the single issue that the prosecutor erred by failing to endorse two res gestae witnesses.

While returning from a school basketball game, the complainant was hit on the head with a gun and robbed. Complainant was able to identify only the defendant. Two unidentified boys were not charged and the prosecution did not endorse or call either boy as a res gestae witness, even though their…