Appeal from Oakland, John N. O'Brien, J.
Leave to appeal denied, 396 Mich 838.
R. B. Burns, P. J., and D. E. Holbrook and D. F. Walsh, JJ.
1. Witnesses -- -- Res Gestae Witnesses -- Production at Trial -- Excuse -- Due Diligence.
The nonproduction of res gestae witnesses at trial is excused where the prosecution makes reasonable efforts to locate the witnesses and exercises due diligence in attempting to locate and produce them.
2. Witnesses -- -- Production of Witnesses -- Due Diligence -- Abuse of Discretion.
The question of due diligence by a prosecutor in attempting to produce a res gestae witness is within the discretion of a trial court and will not be overturned unless a clear abuse is shown.
3. Witnesses -- -- Defendant as Witness -- Cross-Examination -- Prior Criminal Record -- Discretion.
Case law requiring reversal where a trial Judge failed to recognize that he has discretion to preclude the prosecution from cross-examining a defendant concerning his past criminal record is not applicable where the record indicates that the Judge did recognize that discretion and exercised it.
4. -- Assault -- Automobiles -- Dangerous Weapons -- Statutes.
An automobile, adapted to accomplishing an assault and capable of inflicting serious injury is, when so employed, a dangerous weapon within the meaning of the statute which prohibits felonious assault since the statute shows no preoccupation with either the size or the inherent dangerous propensities of the weapons enumerated (MCLA 750.82; MSA 28.277).
The opinion of the court was delivered by: Holbrook
Rejal Blacksmith was convicted of felonious assault. Defendant appeals.
Defendant was convicted, by a jury, of the crime of felonious assault. MCLA 750.82; MSA 28.277. He was sentenced to 1-1/2 to 4 years in ...