People v. McGee

Defendant appeals his jury-based conviction of felony-murder, murder during the perpetration or attempt to perpetrate a robbery, contrary to MCL 750.316; MSA 28.548.

Prior to defendant’s decision to testify, the prosecutor questioned a witness as follows:

"Q Now, did you know [defendant] prior to seeing him [in jail after his arrest]?

"A I have met him before in 1971 in the County Jail, also [sic], ”

The prosecutor should have anticipated the answer to his question and that a response would inform the jury of defendant’s prior conviction. It was his witness.

The fact of defendant and the witness…