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PEOPLE v. FERGUSON

Calendar No. 51, Docket No. 50,146.

376 Mich. 90 (1965)

135 N.W.2d 357

PEOPLE v. FERGUSON.

Supreme Court of Michigan.

Decided June 7, 1965.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, James R. Ramsey, Acting Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Richard J. Ruhala, Assistant Prosecuting Attorney, for the people.

Charles Campbell, for defendant.

Amicus Curiae:

Rolland R. O'Hare, Erwin Ellmann, and James P. Kurtz, for American Civil Liberties Union of Michigan.

SMITH, J.

Defendant, on January 26, 1956, was jury-convicted of robbery armed.1 By leave granted, defendant is here on appeal from an order denying his motion for leave to file a delayed motion for new trial and other relief.

Defendant argues 2 points: first, that the fruit of an illegal search and seizure (automatic pistol) was erroneously admitted into evidence although no motion to...

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