People v. Gillam

Defendant was charged with and convicted of unlawful delivery of a controlled substance, heroin, MCL 335.341(l)(a); MSA 18.1070(41)(l)(a), and sentenced to 1 year in prison. Defendant’s motion for a new trial, based on the same issues raised here, was denied on August 14, 1978. He appeals as of right, claiming (1) that the prosecutor failed to produce res gestae witnesses and (2) that a search warrant obtained and executed seven days after the delivery at issue was based on stale information.

Persons present at the scene of a crime are presumed to be res gestae witnesses able to testify…