People v. Wilson

Defendant applies for leave to appeal his rape conviction which was affirmed by the Court of Appeals. We reverse and remand for a new trial pursuant to GCR 1963, 853.2(4).

*77The sole issue raised on appeal is whether the trial court abused its discretion in granting the prosecutor’s trial day motion to indorse two police chemists as witnesses and in refusing to allow the defendant a continuance in order to prepare to cross-examine them.

Defense counsel made timely objection to the motion to indorse, claimed surprise, and alleged that the indorsement would prejudice his case. He also made a timely…