People v. Cuyler

Michigan Court of Appeals

People v. Cuyler

196 N.W.2d 870, 38 Mich. App. 490, 1972 Mich. App. LEXIS 1675

CourtMichigan Court of Appeals

DecidedFebruary 23, 1972

DocketDocket No. 10685

StatusPublished

This text of 196 N.W.2d 870 (People v. Cuyler) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cuyler, 196 N.W.2d 870, 38 Mich. App. 490, 1972 Mich. App. LEXIS 1675 (Mich. Ct. App. 1972).

Pincite

Opinions

R. B. Burns, P. J.

The defendant was convicted of the crime of assault with intent to rape. MCLA 750.85; MSA 28.280'.

Defendant’s objection to the use of testimony from a preliminary examination transcript is without merit. The record shows an exercise of due diligence and a good faith effort by the prosecutorial authorities to obtain trial attendance of the missing witness. Barber v Page, 390 US 719; 88 S Ct 1318; 20 L Ed 2d 255 (1968); People v Nieto, 33 Mich App 535 (1971).

In fact, the missing witness was discovered the evening of the trial. Although proofs had been closed neither side had presented their final arguments to the jury when the prosecutor informed de[492]*492fense counsel that the missing witness was in the courtroom and offered the defense, the opportunity to cross-examine the witness. The offer was denied.

Affirmed.

T. M. Burns, J., concurred.

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R. B. Burns, P. J.

The defendant was convicted of the crime of assault with intent to rape. MCLA 750.85; MSA 28.280'.

Defendant’s objection to the use of testimony from a preliminary examination transcript is without merit. The record shows an exercise of due diligence and a good faith effort by the prosecutorial authorities to obtain trial attendance of the missing witness. Barber v Page, 390 US 719; 88 S Ct 1318; 20 L Ed 2d 255 (1968); People v Nieto, 33 Mich App 535 (1971).

In fact, the missing witness was discovered the evening of the trial. Although proofs had been closed neither side had presented their final arguments to the jury when the prosecutor informed de[492]*492fense counsel that the missing witness was in the courtroom and offered the defense, the opportunity to cross-examine the witness. The offer was denied.

Affirmed.

T. M. Burns, J., concurred.

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Bluebook (online)

196 N.W.2d 870, 38 Mich. App. 490, 1972 Mich. App. LEXIS 1675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cuyler-michctapp-1972.

Opinions

R. B. Burns, P. J.

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