People v. Gunne

On Rehearing

T. M. Burns, P. J.

Our original opinion in this case is at 65 Mich App 216 (1975). In that opinion we reversed defendant Gunne’s conviction for conspiracy to commit first-degree murder and assault with intent to commit murder. We held that a defense witness was improperly impeached by the admission into evidence of a prior inconsistent statement without a foundation first being laid for such impeachment. The prosecutor had in fact asked the foundational questions, but the witness refused to answer them, exercising her Fifth Amendment right against self-incrimination. Our holding,…