People v. Thorne, 52824
| Decision Date | 11 June 1970 |
| Docket Number | No. 52824,52824 |
| Citation | 383 Mich. 791,177 N.W.2d 621 |
| Parties | The PEOPLE of the State of Michigan, Plaintiff and Appellant, v. Kenneth THORNE, Defendant and Appellee. |
| Court | Michigan Supreme Court |
Before BRENNAN, C.J., and DETHMERS, KELLY, BLACK, T. M. KAVANAGH, ADAMS and T. G. KAVANAGH, JJ.
On order of the Court, the application by plaintiff and appellant for delayed leave to appeal is considered, and the same is hereby granted. The order of the Court of Appeals is reversed and the cause remanded to the trial court for a hearing to determine whether the in-court identification had an independent source or whether, in any event, the introduction of the evidence was harmless error beyond a reasonable doubt. If the court determines that the in-court identification had an independent source or that the error was harmless, then the defendant's conviction will be affirmed. Otherwise, the trial judge should grant the defendant a new trial.
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