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03/24/76 PEOPLE v. STANFORD

March 24, 1976

PEOPLE
v.
STANFORD



Appeal from Wayne, Michael L. Stacey, J.

Bashara, P. J., and N. J. Kaufman and D. F. Walsh, JJ.

SYLLABUS BY THE COURT

1. Witnesses -- Husband-Wife Privilege -- Consent -- Statutes.

The husband-wife privilege provides, with certain exceptions, that a husband shall not be examined as a witness for or against his wife without her consent, nor a wife for or against her husband without his consent (MCLA 600.2162; MSA 27A.2162).

2. Witnesses -- Husband-Wife Privilege -- Legal Marriage.

The husband-wife privilege is applicable only where the witness is legally married to the party asserting the privilege.

3. Marriage -- Common-Law Marriage -- Validity -- Statutes.

Michigan no longer recognizes a common-law marriage as valid (MCLA 551.2; MSA 25.2).

4. Witnesses -- -- Unavailability -- Testimony at Preliminary Examination -- Right to Confront Witnesses -- Good Faith -- Statutes.

A statute permitting admission of a witness's preliminary examination testimony whenever the witness giving such testimony cannot be produced at trial must give way to a defendant's right of confrontation where the witness's absence stems from the prosecution's lack of good faith efforts to secure the witness's presence (MCLA 768.26; MSA 28.1049).

5. -- Witnesses -- Demeanor.

A defendant has the right to have a witness's demeanor placed before the trier of fact.

6. Witnesses -- -- Res Gestae Witness -- Due Diligence.

A trial court's finding that the prosecution used due diligence in attempting to locate a res gestae witness was proper where the police had attempted to contact the witness on several occasions, the police left a subpoena with the witness's sister who said she would deliver ...


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