People v. Stewart

Blair Moody, Jr., J.

Defendant Howard Stewart was convicted on March 8, 1971, of sale and possession of heroin in violation of MCLA 335.152; MSA 18.1122, and MCLA 335.153; MSA 18.1123. The defendant was sentenced from 20 to 25 years and from 7-1/2 to 10 years respectively.

Defendant appealed his conviction as a matter of right. The Court of Appeals affirmed defendant’s conviction in a brief opinion. That Court held that certain statements allegedly made by a non-produced codefendant were admissible against the defendant under the co-conspirators exception to the hearsay rule. It also held that…