People v. Hicks

We accept in its entirety Judge O’Hara’s recitation of the facts in this case. However, although we agree with his resolution of the issue concerning the alleged error in the jury instructions, we respectfully disagree with his legal conclusions concerning whether or not the prosecution’s failure to indorse the loiterers as res gestae witnesses was reversible error.

In the case at bar, out of all the people present at the time of the alleged offense, the prosecutor only indorsed the police officers as res gestae witnesses. However, the prosecutor has an affirmative duty to produce all res…