People v. Heatwole

I respectfully dissent. Defendant was convicted by a jury of armed robbery, MCL 750.529; MSA 28.797. Following sentence to a term of not less than 7-1/2 nor more than 15 years in prison, he appeals as of right.

On appeal, defendant raises one issue, claiming error in not instructing the jury regarding alibi.

The record indicates that no notice of alibi defense was filed on behalf of defendant. However, on the day set for trial, counsel for defendant advised the court that defendant instructed him to request an adjournment for the purpose of seeking alibi witnesses. The motion was denied.

Defendan…