Opinion
Docket No. 4,319.
Decided May 26, 1969.
Appeal from Genesee, Stewart A. Newblatt, J. Submitted Division 2 May 6, 1969, at Lansing. (Docket No. 4,319.) Decided May 26, 1969.
Dorrin E. Swift was convicted of robbery armed. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Dennis C. Karas, Assistant Prosecuting Attorney, for the people.
Allen J. Nelson, for defendant.
BEFORE: LESINSKI, C.J., and QUINN and DANHOF, JJ.
Defendant was found guilty of armed robbery at the conclusion of a jury trial and sentenced to from 7-1/2 to 15 years in prison.
MCLA § 750.529 (Stat Ann 1969 Cum Supp § 28.797).
Defendant has appealed alleging that the trial court committed error by refusing to require the prosecution to produce three persons who arrived at the scene of the crime within minutes of its commission.
MCLA § 767.40 (Stat Ann 1969 Cum Supp § 28.980).
A review of the record shows that the persons were not eyewitnesses to the crime, nor was their identity known to the prosecution. The testimony of police officers on a separate record provided ample evidence that due diligence was exercised to ascertain the identity of the persons in question. No error has been committed when it is shown that officers have made a diligent search for and have been unable to locate witnesses. People v. Castelli (1963), 370 Mich. 147. The prosecution was under no obligation to produce unknown witnesses. People v. Todaro (1931), 253 Mich. 367.
The other questions raised on appeal do not merit discussion.
Affirmed.