People v. Stewart

Following a jury trial, defendant was found guilty of felonious assault, MCL 750.82; MSA 28.277, a lesser-included offense of the. original charge of assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279. Defendant was sentenced to a prison term of one and one-half to four years. He appeals as of right, raising three issues.

Defendant argues that the trial court committed error requiring reversal by holding that the prose cutor exercised due diligence in attempting to produce a res gestae witness, David Holley. The determination of due diligence rests within the…