People v. Martin

Defendant was convicted by a jury of assault with intent to do great bodily harm less than murder 1 and appeals as of right. He contends that the trial court committed reversible error in allowing the prosecutor to indorse two res gestae witnesses on the first day of trial.

On September 23, 1971, the day after the selection of the jury and the first scheduled day of trial, the prosecutor moved for permission to indorse two res gestae witnesses. The crime had been committed on February 16, 1971. In asking the court for permission to indorse these two witnesses at so late a date, the prosecutor…