Opinion
No. 111134.
May 26, 1999.
The case is remanded to the trial court for a hearing on the question whether the potential witness whose name was not disclosed to the defendant was a res gestae witness and, if so, whether the defendant was prejudiced by the non-disclosure of the name. See, generally, People v. Pearson, 404 Mich. 698 (1979). After the hearing, the trial court shall file its findings and conclusions with the clerk of the Supreme Court. Jurisdiction is retained Court of Appeals No. 197720.
CAVANAGH and KELLY, JJ.,
We concur with the order on the understanding that the prosecutor has never alleged that the missing witness was not a res gestae witness.
Summary Dispositions May 26, 1999.