People v. Leonard E. Smith

A jury found Leonard E. Smith guilty of armed robbery. CLS 1961, § 750.529 (Stat Ann 1968 Cum Supp § 28.797). He appeals, claiming the trial court erred in allowing the prosecution, under the guise of impeachment, to place in evidence during cross-examination evidence which the prosecutor deliberately-withheld from the case in chief, in order to confuse the defendant. Defendant also asserts that the trial court erred in an instruction to the jury regarding their failure to perform their duty.

On January 31, 1967, the complaining witness left a Detroit hotel and hired a Checker Cab; as the cab…