People v. McCloud, Docket No. 60069

Decision Date17 January 1979
Docket NumberDocket No. 60069
Citation289 N.W.2d 924,405 Mich. 805
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellant, v. Ellis McCLOUD, Defendant-Appellee. 405 Mich. 805, 289 N.W.2d 924
CourtMichigan Supreme Court
ORDER

On order of the Court, the delayed application for leave to appeal is considered and in lieu of leave to appeal, pursuant to GCR 853.2(4), we REVERSE the judgment of the Court of Appeals, 75 Mich.App. 718, 255 N.W.2d 745 and REINSTATE the defendant's conviction. On our appraisal of the record, reversal and a new trial was not warranted in this case in light of the defendant's failure to object to the instructional issue.

KAVANAGH, J., would affirm the Court of Appeals.

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6 cases
  • Sexton v. Ryder Truck Rental, Inc.
    • United States
    • Supreme Court of Michigan
    • June 14, 1982
    ...and Kaiser to reject a public policy exception. In Hill v. Clark Equipment Co., 85 Mich.App. 1, 270 N.W.2d 722 (1978), lv. den. 405 Mich. 805 (1979), Abendschein was cited as controlling. A public policy exception was rejected on the basis that plaintiff was not a Michigan resident to whom ......
  • People v. Baskin
    • United States
    • Court of Appeal of Michigan (US)
    • December 26, 1985
    ...v. Buschard, 109 Mich.App. 306, 312, 311 N.W.2d 759 (1981); People v. Abdo, 81 Mich.App. 635, 643-644, 265 N.W.2d 779 (1978), lv. den. 405 Mich. 805 (1979). An affirmative duty resides in the people to endorse and produce at trial all res gestae witnesses. M.C.L. Sec. 767.40; M.S.A. Sec. 28......
  • People v. Wilbert
    • United States
    • Court of Appeal of Michigan (US)
    • April 22, 1981
    ...v. Robinson, 390 Mich. 629, 213 N.W.2d 106 (1973).4 Also see People v. Abdo, 81 Mich.App. 635, 643, 265 N.W.2d 779 (1978), lv. den. 405 Mich. 805 (1979). ...
  • People v. Johnson
    • United States
    • Court of Appeal of Michigan (US)
    • May 4, 1982
    ...witnesses on the information and to produce them at trial. People v. Abdo, 81 Mich.App. 635, 642-643, 265 N.W.2d 779 (1978), lv. den. 405 Mich. 805 (1979). However, if the prosecutor does not comply, it is the defendant's responsibility to move for a hearing during trial, or for a new trial......
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