Appeal from Oakland, William P. Hampton, J.
Leave to appeal denied, 396 Mich 861.
McGregor, P. J., and T. M. Burns and N. J. Kaufman, JJ.
1. -- Plea of Guilty -- Withdrawal of Plea -- Evidence -- Instructions to Jury -- Prejudice.
A plea of guilty which a defendant has withdrawn may not be subsequently used as evidence in the trial; even where a jury instruction is given limiting the use of such a plea to impeachment purposes only, the effect of such evidence is highly prejudicial and once before a jury would probably be considered as substantive evidence of guilt.
2. -- Plea of Guilty -- Withdrawal of Plea -- Questioning of Defendant.
A defense counsel's questions of the defendant on direct examination regarding a guilty plea which the defendant had earlier offered and then withdrew, while not approved practice, did not open the door to more extensive questioning by the prosecutor on cross-examination where it was clear that the prosecutor was going to use the guilty plea as evidence and the defense mention of it was only an attempt to limit the damage to the defendant which would result from admission of the plea transcript.
3. -- Prior Convictions -- Impeachment -- Judge's Discretion.
A trial court must positively indicate and identify its exercise of discretion when ruling on a defendant's motion to preclude the use of his prior convictions for impeachment purposes.
4. Witnesses -- -- Bargains with Witnesses -- Prosecutors -- Burden of Disclosure.
The burden of disclosing any bargain made with any witness in exchange for his or her testimony rests on the prosecutor, not on the defendant.
5. Witnesses -- -- Evidence -- Testimony by Accomplice -- Admission -- Prosecutors.
Testimony by an alleged accomplice concerning the contents of a letter, which the witness had destroyed, written by a defendant to the accomplice in which the defendant allegedly made an admission is admissible if the trial court first determines that the destruction of the ...