J. H. Gillis, J.
A jury convicted defendant of uttering and publishing, contrary to MCLA 750.249; MSA 28.446. She was sentenced to a 2-1/2 to 14 year prison term, and appeals as of right.
On June 15, 1973, a woman attempted to cash a stolen check in a Port Huron grocery. The check was drawn on the account of one Shirley Ashford and made payable to Donna McMillan. When the store manager called the bank to verify the check, the woman fled. Three witnesses identified defendant as the woman who attempted to cash the check.
On appeal, defendant raises several issues for our consideration. We will discuss them seriatim.
I.
The Alibi Instruction
At trial, defendant presented alibi testimony, and now raises objections to the instruction given the jury on alibi. Defendant urges reversal because the instruction contains language specifically disapproved in People v McCoy, 392 Mich 231; 220 NW2d 456 (1974), viz.:
"For cases tried after the publication of this opinion, it will be deemed reversible error (1) to denigrate the alibi defense 'as easily proven and hard to disprove’ or to suggest that it is the burden of the defendant to 'establish’ the defense.” 392 Mich at 240; 220 NW2d at 460.
Here the jury was told that an alibi defense "is one easily made or manufactured and likewise hard to disprove”. The instructions also spoke of "sustaining” the defense.
[117]*117The McCoy slip opinion1 is dated August 2, 1974. The Advance Sheets of Michigan Reports containing the opinion is dated August 30, 1974. We must decide whether "publication” of the McCoy opinion is the date of the slip sheet decision or the date the decision appeared in the Advance Sheets of Michigan Reports. Though at least four opinions of this Court have stated that McCoy governs trials after August 2, 1974, People v Crutchfield, 62 Mich App 149; 233 NW2d 507 (1975), People v Davis, 61 Mich App 220; 232 NW2d 683 (1975), People v Phelps, 57 Mich App 300; 225 NW2d 738 (1975), People v Thomas, 55 Mich App 368; 222 NW2d 320 (1974), there is no indication that in any of these decisions the court was required to focus upon the exact meaning of "publication” of McCoy. The choice of August 30th rather than August 2nd would not have led to a different result in any of these prior decisions, and we feel compelled to distinguish them on that basis.
In determining the extent of prospective effect we review other Supreme Court opinions dealing with the prospective timing of a rule the Court has pronounced. In People v Brown, 393 Mich 174, 181; 224 NW2d 38 (1974), the Court stated that the announced rule would govern "cases resulting from charges made on and after the date of this opinion”. In People v Davis, 392 Mich 221, 227; 220 NW2d 452 (1974), the Court limited its rule to [118]*118"future cases and in pending cases where defendants timely contested”. The decision in People v Tanner, 387 Mich 683, 690; 199 NW2d 202 (1972), was limited by the Court "to those cases in which sentence is to be or has been imposed after date of filing of this opinion and to those cases which on date of filing of this opinion are pending”. (Emphasis supplied.) A new rule in workmen’s compensation which the Court announced in Whetro v Awkerman, 383 Mich 235, 244; 174 NW2d 783 (1970), only applied to claims for . compensation "arising after March 12, 1970, the date of the filing of this opinion”. (Emphasis supplied.)
As in McCoy, People v Robinson, 390 Mich 629, 634; 213 NW2d 106 (1973), speaks of publishing rather than filing when setting the operative date. Several Court of Appeals’ opinions have interpreted "[i]n appeals filed after this opinion is published” to mean that the rule in Robinson governs only after the date the opinion appeared in the advance sheets.2 People v Coppernol, 59 Mich App 745; 229 NW2d 913 (1975), People v Robert Hall, 56 Mich App 10; 223 NW2d 340 (1974), People v Koehler, 54 Mich App 624, 640; 221 NW2d 398 (1974) (dissenting opinion by O’Hara, J.).3 We believe this to be the better rule.
[119]*119Had the Court in McCoy intended its prohibition to become immediately effective, it could have used a word other than "publication” in expressing that intention. The Court could have spoken of the date of the opinion, the date of its filing or the date of its release. By using one of these phrases, rather than speaking of publication, the Court would have clearly indicated that it intended its pronouncement to be immediately effective.
Reading "publication” to mean publication in the Advance Sheets of Michigan Reports allows the bench and bar opportunity to become aware that certain practices, formerly allowed, are now considered error. We should not expect reliance on unavailable judicial pronouncements. We conclude that "publication” used in McCoy means appearance in the Advance Sheets of Michigan Reports and that the prohibition in McCoy against certain language in alibi instructions did not become effective at the time of trial of defendant McMillan. We are forced to repudiate prior statements of this Court holding that McCoy became effective on August 2, 1974, the date of the slip opinion. However, moving the date forward to August 30, 1974, casts no doubt upon the validity of any of the opinions as it would not change the result in any of the prior decisions.
The McCoy rule not having been in effect, we find that the alibi instruction given in this case twice informs the jury that proof of alibi is not necessary for acquittal, and emphasizes that the burden of proof beyond a reasonable doubt remains with the prosecution. We find these instruc[120]*120tions adequate, as when read in their entirety they satisfied existing standards.
II.
The Cross-Examination
Defendant also alleges that the prosecutor improperly cross-examined her, and that reversal is mandated. On direct examination, McMillan testified that she was 29 years old, divorced, the mother of six children and unemployed. On cross-examination, she stated that she had not been employed since her divorce. The prosecutor then effectively and properly impeached her credibility by forcing her to admit that she had, in fact, worked in two different bars. We agree with Judge Kelly’s determination that reference to the fact that the bars were "topless” was irrelevant and improper. Because, however, we find the remainder of his cross-examination permissible, the reference to topless bars does not require reversal.
III.
Impeachment of Defendant’s Credibility
Defendant next argues that her credibility was improperly impeached in that the prosecutor referred to her prior misdemeanor convictions. Our reading of the record leaves us uncertain as to whether the convictions were for felonies or misdemeanors.
On direct examination, defendant testified that she was in jail at a certain time. On cross-examination, the prosecutor inquired as to the nature of the crimes that defendant had been jailed for:
"Q. Have you been convicted of anything else?
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J. H. Gillis, J.
A jury convicted defendant of uttering and publishing, contrary to MCLA 750.249; MSA 28.446. She was sentenced to a 2-1/2 to 14 year prison term, and appeals as of right.
On June 15, 1973, a woman attempted to cash a stolen check in a Port Huron grocery. The check was drawn on the account of one Shirley Ashford and made payable to Donna McMillan. When the store manager called the bank to verify the check, the woman fled. Three witnesses identified defendant as the woman who attempted to cash the check.
On appeal, defendant raises several issues for our consideration. We will discuss them seriatim.
I.
The Alibi Instruction
At trial, defendant presented alibi testimony, and now raises objections to the instruction given the jury on alibi. Defendant urges reversal because the instruction contains language specifically disapproved in People v McCoy, 392 Mich 231; 220 NW2d 456 (1974), viz.:
"For cases tried after the publication of this opinion, it will be deemed reversible error (1) to denigrate the alibi defense 'as easily proven and hard to disprove’ or to suggest that it is the burden of the defendant to 'establish’ the defense.” 392 Mich at 240; 220 NW2d at 460.
Here the jury was told that an alibi defense "is one easily made or manufactured and likewise hard to disprove”. The instructions also spoke of "sustaining” the defense.
[117]*117The McCoy slip opinion1 is dated August 2, 1974. The Advance Sheets of Michigan Reports containing the opinion is dated August 30, 1974. We must decide whether "publication” of the McCoy opinion is the date of the slip sheet decision or the date the decision appeared in the Advance Sheets of Michigan Reports. Though at least four opinions of this Court have stated that McCoy governs trials after August 2, 1974, People v Crutchfield, 62 Mich App 149; 233 NW2d 507 (1975), People v Davis, 61 Mich App 220; 232 NW2d 683 (1975), People v Phelps, 57 Mich App 300; 225 NW2d 738 (1975), People v Thomas, 55 Mich App 368; 222 NW2d 320 (1974), there is no indication that in any of these decisions the court was required to focus upon the exact meaning of "publication” of McCoy. The choice of August 30th rather than August 2nd would not have led to a different result in any of these prior decisions, and we feel compelled to distinguish them on that basis.
In determining the extent of prospective effect we review other Supreme Court opinions dealing with the prospective timing of a rule the Court has pronounced. In People v Brown, 393 Mich 174, 181; 224 NW2d 38 (1974), the Court stated that the announced rule would govern "cases resulting from charges made on and after the date of this opinion”. In People v Davis, 392 Mich 221, 227; 220 NW2d 452 (1974), the Court limited its rule to [118]*118"future cases and in pending cases where defendants timely contested”. The decision in People v Tanner, 387 Mich 683, 690; 199 NW2d 202 (1972), was limited by the Court "to those cases in which sentence is to be or has been imposed after date of filing of this opinion and to those cases which on date of filing of this opinion are pending”. (Emphasis supplied.) A new rule in workmen’s compensation which the Court announced in Whetro v Awkerman, 383 Mich 235, 244; 174 NW2d 783 (1970), only applied to claims for . compensation "arising after March 12, 1970, the date of the filing of this opinion”. (Emphasis supplied.)
As in McCoy, People v Robinson, 390 Mich 629, 634; 213 NW2d 106 (1973), speaks of publishing rather than filing when setting the operative date. Several Court of Appeals’ opinions have interpreted "[i]n appeals filed after this opinion is published” to mean that the rule in Robinson governs only after the date the opinion appeared in the advance sheets.2 People v Coppernol, 59 Mich App 745; 229 NW2d 913 (1975), People v Robert Hall, 56 Mich App 10; 223 NW2d 340 (1974), People v Koehler, 54 Mich App 624, 640; 221 NW2d 398 (1974) (dissenting opinion by O’Hara, J.).3 We believe this to be the better rule.
[119]*119Had the Court in McCoy intended its prohibition to become immediately effective, it could have used a word other than "publication” in expressing that intention. The Court could have spoken of the date of the opinion, the date of its filing or the date of its release. By using one of these phrases, rather than speaking of publication, the Court would have clearly indicated that it intended its pronouncement to be immediately effective.
Reading "publication” to mean publication in the Advance Sheets of Michigan Reports allows the bench and bar opportunity to become aware that certain practices, formerly allowed, are now considered error. We should not expect reliance on unavailable judicial pronouncements. We conclude that "publication” used in McCoy means appearance in the Advance Sheets of Michigan Reports and that the prohibition in McCoy against certain language in alibi instructions did not become effective at the time of trial of defendant McMillan. We are forced to repudiate prior statements of this Court holding that McCoy became effective on August 2, 1974, the date of the slip opinion. However, moving the date forward to August 30, 1974, casts no doubt upon the validity of any of the opinions as it would not change the result in any of the prior decisions.
The McCoy rule not having been in effect, we find that the alibi instruction given in this case twice informs the jury that proof of alibi is not necessary for acquittal, and emphasizes that the burden of proof beyond a reasonable doubt remains with the prosecution. We find these instruc[120]*120tions adequate, as when read in their entirety they satisfied existing standards.
II.
The Cross-Examination
Defendant also alleges that the prosecutor improperly cross-examined her, and that reversal is mandated. On direct examination, McMillan testified that she was 29 years old, divorced, the mother of six children and unemployed. On cross-examination, she stated that she had not been employed since her divorce. The prosecutor then effectively and properly impeached her credibility by forcing her to admit that she had, in fact, worked in two different bars. We agree with Judge Kelly’s determination that reference to the fact that the bars were "topless” was irrelevant and improper. Because, however, we find the remainder of his cross-examination permissible, the reference to topless bars does not require reversal.
III.
Impeachment of Defendant’s Credibility
Defendant next argues that her credibility was improperly impeached in that the prosecutor referred to her prior misdemeanor convictions. Our reading of the record leaves us uncertain as to whether the convictions were for felonies or misdemeanors.
On direct examination, defendant testified that she was in jail at a certain time. On cross-examination, the prosecutor inquired as to the nature of the crimes that defendant had been jailed for:
"Q. Have you been convicted of anything else?
[121]*121”A. Yes.
"Q. What?
'A. I was convicted of shoplifting.
"Q. When was that?
'A. During the time I am on probation.
”Q. Would that have been about in September, 1971?
’A. I don’t know. It could have been.
“Q. Any other crimes that you have been convicted of?
'A. Soliciting.
"Q. Soliciting for what?
”A. What do you mean for what?
"Q. Soliciting for what?
'A. I don’t know. I got soliciting. I don’t know for what.
"Q. For purposes of prostitution?
”A. They said soliciting. That’s all I know.”
Defendant testified that she was convicted for "shoplifting”. This term is frequently used to cover three separate offenses, two of which are felonies, the other a misdemeanor. If goods were "lifted” or stolen from a building, then regardless of the goods’ value, defendant may be convicted of larceny from a building, a felony. MCLA 750.360; MSA 28.592. If defendant "lifts” or steals goods valued at over $100, this fact supports a conviction for larceny over $100, also a felony. MCLA 750.356; MSA 28.588. If defendant "lifts” or steals goods valued at under $100, this fact supports a conviction for larceny under $100, a misdemeanor punishable by 90 days in the county jail. MCLA 750.356; MSA 28.588, MCLA 750.504; MSA 28.772. All three of these offenses are referred to as "shoplifting”.
Likewise, defendant testified that she had been convicted of "soliciting”. There is no such offense in Michigan. There are many offenses involving [122]*122solicitation; some are felonies, some are misdemeanors. For example, accosting and soliciting is a misdemeanor, MCLA 750.488; MSA 28.703; soliciting an athlete is a felony, MCLA 750.124; MSA 28.319; soliciting patients for a dentist is a misdemeanor, MCLA 338.216; MSA 14.629(16); and soliciting anyone to polygamous life is a felony, MCLA 750.441; MSA 28.696. This list is not exhaustive; it is used for illustrative purposes only.
It is our belief that defendant’s claim that she was impeached by use of prior misdemeanor convictions is not supported by the record. Even if this assumption was true, People v Renno, 392 Mich 45; 219 NW2d 422 (1974), does not mandate reversal, in that its holding does not constitute a per se reversal rule. Under the circumstances of this case, and assuming arguendo that the convictions were for misdemeanors, we hold the error harmless. People v Roberson, 55 Mich App 413; 222 NW2d 761 (1974).
In line with the above discussion, it is our belief that Renno, supra, needs some clarification. It prohibits, for impeachment purposes, the bringing forth of misdemeanor convictions. Renno makes no distinction between high misdemeanor convictions carrying penalties, of up to two years in prison and regular misdemeanor convictions carrying penalties of up to 90 days in jail.
In the Renno, supra, opinion, the majority noted that the Michigan Legislature had passed certain statutes enabling people, historically disqualified from testifying by common law, to testify. Common law had prohibited those convicted of "infamous crimes” from ever testifying in a court of law. As Renno indicated, the Legislature changed this situation so that those convicted of "infamous crimes” could now testify, but they were subject to [123]*123having their credibility impeached by any conviction of an infamous crime. Renno held that from hence forward, only convictions for infamous crimes could be used to impeach a witness. Renno further equated infamous crimes with felonies.
We do not think that, in Michigan, the term "infamous crime” can necessarily be equated with the term "felony”. In Attorney General v Montgomery, 275 Mich 504, 513; 267 NW 550 (1936), our Supreme Court defined an infamous crime as follows:
"Whether a crime is infamous or not is not determined by the nature of the offense (2 Bouvier’s Law Dictionary [Rawle’s 3d Rev] p 1553, 1554), but by the consequences to the individuals by the punishment prescribed for such offense. Butler v Wentworth, 84 Me 25 (24 Atl 456, 17 L.R.A. 764). Crimes subject to infamous punishments are infamous crimes, and the term ’infamous crime’ means any crime punishable by imprisonment in the state prison.” (Citations omitted, emphasis supplied.)
It would then appear that under Montgomery, supra, impeachment should be permissible by use of prior convictions based on a crime punishable by imprisonment in the state prison, regardless of whether it is dubbed "felony” or "misdemeanor”.
We do not point out this apparent inconsistency to nitpick at the Supreme Court. Real problems are presented in this area. For example, the crime of unlawfully taking and using an automobile is labeled a misdemeanor, but, nonetheless, carries the possible sentence of two years imprisonment in a state penitentiary. MCLA 750.414; MSA 28.646. On the other hand, the crime of issuing a check without an account or credit is labeled a felony although it also carries a possible maximum sentence of two years in the state prison. MCLA [124]*124750.131a; MSA 28.326(1). Under Renno, the prosecutor would be allowed to impeach credibility by using a conviction under MCLA 750.131a; MSA 28.326(1); he would not be able to do so by using one under MCLA 750.414; MSA 28.646. Yet the two statutes carry exactly the same penalties, and we believe, under Montgomery, there is no distinction between them in regards to impeaching credibility.
The problem is compounded by the fact that the Legislature has had a difficult time in deciding what constitutes a felony and what constitutes a misdemeanor. Under MCLA 750.7; MSA 28.197, a "felony” is defined to mean "an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison”. MCLA 761.1(g); MSA 28.843(g), defines a felony as "an offense for which the offender, upon conviction, may be punished by death or imprisonment * * * for more than 1 year or an offense expressly designated by law to be a felony”. A misdemeanor is described as follows:
"When any act or omission, not a felony, is punishable according to law, by a fine, penalty or forfeiture, and imprisonment, or by such fine, penalty or forfeiture, or imprisonment, in the discretion of the court, such act or omission shall be deemed a misdemeanor.” MCLA 750.8; MSA 28.198.
It is little wonder that trial judges sometimes have difficulty labeling an offense as misdemeanor or felony.
The Legislature has broken misdemeanors into two categories, some punishable by imprisonment in the state prison (see e.g, MCLA 750.414; MSA 28.646), and some punishable by a maximum of 90 days in the county jail. MCLA 750.504; MSA [125]*12528.772. We think that it would both be more logical and more in spirit with the holding of Montgomery, supra, if the rule of Renno was limited to those crimes carrying a maximum of 90 days in the county jail.
IV.
Rebuttal Testimony
Defendant next alleges reversible error by claiming that the trial judge improperly allowed certain testimony to be presented under the guise of "rebuttal” evidence. At trial, in his case in chief, the prosecutor presented three witnesses who identified defendant McMillan as the woman who attempted to cash the check. Defendant then presented testimony, including her own, that indicated she was elsewhere at the time of the crime. The prosecutor then recalled the three eyewitnesses who then repeated their identification testimony. We find no abuse of discretion on the trial judge’s part. The testimony tended to contradict matters raised by defense witnesses. Even if the testimony was not properly classified as "rebuttal”, it was merely cumulative. See, People v Ames, 60 Mich App 168; 230 NW2d 360 (1975), People v Tocco, 60 Mich App 130; 230 NW2d 341 (1975).
Other allegations of error are meritless.
Affirmed.
D. E. Holbrook, P. J., concurred.