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PEOPLE v. SMITH

Docket No. 17911.

59 Mich. App. 25 (1975)

228 N.W.2d 826

PEOPLE v. SMITH

Michigan Court of Appeals.

Decided February 24, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.

John B. Phelps, Assistant State Appellate Defender, for defendant.

Before: V.J. BRENNAN, P.J., and T.M. BURNS and CARLAND, JJ.

V.J. BRENNAN, P.J.

Defendant Debra Smith was convicted by a jury of second-degree murder, MCLA 750.317; MSA 28.549, as a result of the shooting death of Jack Firestein. She was sentenced to a term of 7-1/2 to 20 years in prison and now appeals.

Defendant first contends that the prosecution failed to show the due diligence necessary to excuse the nonproduction of a res gestae witness.

It is true that as a general rule the prosecution has an obligation...

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