People v. Harringer

Defendant was convicted in a jury trial of assault with intent to do great bodily harm less than murder, MCLA 750.84; MSA 28.279. He was sentenced to 5 to 10 years in prison. After his motion for a new trial was denied, he appealed.

The sole issue raised on appeal is whether the prosecution submitted sufficient evidence of due diligence to permit the use at trial of the preliminary examination testimony of a res gestae witness who was not produced at trial.

Preliminary examination testimony of a res gestae witness not produced at trial may be used at trial where the prosecution shows due…