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PEOPLE v. DUNCAN

Nos. 11 May Term 1972, 11, 12 June Term 1972; Docket Nos. 53,434, 53,822, 53,836.

388 Mich. 489 (1972)

201 N.W.2d 629

PEOPLE v. DUNCAN. PEOPLE v. HARRIS. PEOPLE v. ALVIN BROWN

Supreme Court of Michigan.

Decided October 31, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, Patricia J. Boyle, Assistant Prosecuting Attorney, Thomas G. Plunkett, Prosecuting Attorney, Dennis Donohue, Chief Appellate Counsel, Robert F. Leonard, Prosecuting Attorney, and Paul G. Miller, Jr., Chief Assistant Prosecuting Attorney, for the people.

Ernest Goodman, Neal Bush, Thomas Meyer, Elliott Hall, and David Hood, for defendant Duncan.

John N. O'Brien, for defendant James J. Harris.

Jerome F. O'Rourke, for defendant Alvin O. Brown, Jr.

Amicus Curiae:

Joel M. Shere, Sheridan Holzman, James K. Robinson (by Neil H. Fink), for American Civil Liberties Union of Michigan.

Allen & Tendler (Hartman, Beier, Howlett, McConnell & Googasian, of counsel), for Angelo Di Ponio.

ADAMS, J.

I. Facts and Proceedings

A. People of the State of Michigan v Pat Duncan

On October 25, 1970, Pat Duncan, along with 14 other persons, was arrested and charged with first-degree murder and conspiracy to commit first-degree murder. On October 28, 1970, over defense counsel's objection, a motion by the prosecutor was granted in recorder's court to adjourn the preliminary examination until November 5, 1970.

On November...

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