People v. Todaro

On Rehearing.

Potter, J.

This case was before the court in People v. Todaro, 253 Mich. 367, where defend ant’s conviction was affirmed. There was division of opinion among the members of the court at the time upon the admissibility of the statement made at the time of defendant’s arrest by someone identifying Todaro as “one of them,” when the police discerned him secreted behind the door and brought him out. The record is quoted in the opinion cited. Rehearing was had. The case is here for reconsideration. The important question stressed upon the argument is the admissibility of the testimony…