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Legal Opinion

People v. Smith

Michigan Court of Appeals

Decided February 24, 1975No. Docket 17911PublishedCited by 6 opinions

1Opinion of the CourtV. J. Brennan, P. J.

Defendant Debra Smith was convicted by a jury of second-degree murder, MCLA 750.317; MSA 28.549, as a result of the shooting death of Jack Firestein. She was sentenced to a term of 7-1/2 to 20 years in prison and now appeals.

Defendant first contends that the prosecution failed to show the due diligence necessary to excuse the nonproduction of a res gestae witness.

It is true that as a general rule the prosecution has an obligation to produce all res gestae witnesses for examination at trial. People v Bersine, 48 Mich App 295; 210 NW2d 501 (1973), People v Phillips, 37 Mich App 242; 194 NW2d…

2Cases cited17 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. People v. WalkerMichigan Supreme Court · 1965
  3. People v. RobinsonMichigan Supreme Court · 1972
  4. People v. McGillenMichigan Supreme Court · 1974
  5. People v. RobinsonMichigan Supreme Court · 1973

12 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. People v. WynnMichigan Court of Appeals · 1975
  2. People v. MyersMichigan Court of Appeals · 1987
  3. People v. HarringerMichigan Court of Appeals · 1975
  4. People v. HooperMichigan Court of Appeals · 1975
  5. People v. HooperMichigan Court of Appeals · 1975

1 more not listed; retrieve them via the Exa API.

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