People v. Pearson

It was claimed by the defense at trial in each of these consolidated cases that the prosecution had failed to produce a res gestae witness.

We agree, in each case, with the Court of Appeals: in Pearson the prosecution was not obliged to produce the witness, and in Wynn and Schwartz it was so obliged and did not exert sufficient efforts to produce him.

In Pearson there are other issues which we address in Part VII, infra. We affirm the Pearsons’ convictions.

The Court of Appeals reversed the convictions of Wynn and Schwartz and remanded for new trials. *728The principal issue presented is whether…