People v. Merritt

We are asked in this case to determine whether a trial judge abused his discretion in precluding defendant from testifying about an alibi or from presenting his alibi witnesses under our state’s former alibi notice statute, MCLA 768.20; MSA 28.1043. Further, we are asked to consider whether the alibi notice statute is constitutional, or if it violates defendant’s rights to due process and to compulsory process. We hold there was such an abuse of discretion. We therefore reverse the conviction and remand for a new trial. It is therefore unnecessary to reach the issue of constitutionality in…