People v. Allen

Defendant was charged with armed robbery. MCLA 750.529; MSA 28.797. He was tried by jury and convicted. He appeals, assigning as reversible error the trial court’s denial of his motion to require the prosecutor to produce certain res gestae witnesses. No motion for new trial was filed in the trial court prior to the filing of defendant’s brief on appeal.

In People v Robinson, 390 Mich 629; 213 NW2d 106 (1973), the Supreme Court made the filing of a motion for new trial a mandatory prerequisite to the raising of the failure to produce issue on appeal.

"In appeals filed after this opinion is…