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PEOPLE v. MILLER

Docket No. 8350.

31 Mich. App. 121 (1971)

187 N.W.2d 568

PEOPLE v. MILLER

Michigan Court of Appeals.

Decided February 23, 1971.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Assistant Prosecuting Attorney, for the people.

James R. Buckley, for defendant on appeal.

Before: QUINN, P.J., and McGREGOR and O'HARA, JJ.

PER CURIAM.

Defendant was apprehended during a robbery. At his trial on a charge of robbery armed,1 the prosecuting attorney, in his opening statement to the jury, stated, "That afternoon, about one o'clock in the afternoon, the manager of the Big-D Party Store found a gun out in his parking lot". (The robbery occurred in that parking lot about 13 hours earlier.) Defendant objected immediately, the jury was excused and defendant moved...

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