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PEOPLE v. DILLARD

Docket No. 56038.

115 Mich. App. 640 (1982)

321 N.W.2d 757

PEOPLE v. DILLARD

Michigan Court of Appeals.

Decided April 23, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Conrad J. Sindt, Prosecuting Attorney, and Kenneth G. Walters, Senior Assistant Prosecuting Attorney, for the people.

Susan J. Smith, Assistant State Appellate Defender, for defendant.

Before: R.B. BURNS, P.J., and BASHARA and M.R. KNOBLOCK, JJ.

PER CURIAM.

The majority accepts the statement of facts provided by Judge KNOBLOCK in his dissenting opinion.

The arrest of defendant in his home after a warrantless entry by police officers was illegal. Defendant did not consent to the entry, nor were exigent circumstances present. Payton v New York, 445 U.S. 573; 100 S.Ct. 1371; 63 L Ed 2d 639 (1980).

Defendant had a right to defend himself in resisting the...

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