People v. Luckett

Defendant was convicted of assault with intent to commit armed robbery, MCLA 750.88; MSA 28.283. The sole issue on appeal concerns the admissibility of his alibi defense.

Defendant allegedly stole a watch at about 5 a.m. on March 31, 1972. Without having first filed a notice of alibi, the defense offered a witness who testified that he and the defendant were someplace else when the robbery allegedly occurred. The prosecutor made no objections to the introduction of this evidence. Instead, the trial proceeded to its conclusion and final arguments were heard without the admissibility question…