People v. Yarbrough
| Decision Date | 28 April 1978 |
| Docket Number | No. 60621,60621 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Hendrick YARBROUGH, Defendant-Appellee. 402 Mich. 920, 271 N.W.2d 430 |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, the Court of Appeals decision, 78 Mich.App. 81, 259 N.W.2d 248, is VACATED and the case is REMANDED to the Court of Appeals for consideration of the question of whether, assuming Pro arguendo that the trial court should have entertained defendant's final request for mistrial, it would have been error for the trial court to refuse to grant said motion. Unless it would have been error for the trial court to refuse to grant the motion, reversal on this basis should not be ordered. In addition, the matters raised by defendant in his application for cross-appeal are REMANDED to the Court of Appeals for such further consideration as the Court of Appeals shall deem necessary. This Court does not retain jurisdiction.
Opinion on remand, 84 Mich.App. 779, 270 N.W.2d 689.
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