PER CURIAM.
Defendant Clifford Hutson was charged with assault with intent to do great bodily harm less than murder. He was convicted by a jury of the lesser included offense of felonious assault. The charge grew out of an assault by defendant against Raymond Champagne in the dormitory of the state prison at Marquette where both were prisoners.
MCLA § 750.84 (Stat Ann 1962 Rev § 28.279).
MCLA § 750.82 (Stat Ann 1962 Rev § 28.277).
Defendant appeals as of right alleging that his motion for a new trial should have been granted because the prosecution failed to ascertain and produce res gestae witnesses at trial and because the prosecution failed to insure the attendance of Champagne at the trial. Defendant failed to object at trial to either of the alleged errors.
The failure to indorse res gestae witnesses cannot be urged as error in the absence of a motion to indorse made during trial, People v. Amos (1968), 10 Mich. App. 533; People v. Prescott (1934), 268 Mich. 606, nor may it be raised for the first time on a motion for a new trial, People v. Dimitroff (1948), 321 Mich. 205.
Likewise, the failure to object to the absence of Champagne and the use of his preliminary examination testimony at trial defeats defendant's appeal on this point. People v. Paul F. Baker (1967), 7 Mich. App. 471. Barber v. Page (1968), 390 U.S. 719 ( 88 S Ct 1318, 20 L Ed 2d 255), is not applicable here because a good faith effort to produce Champagne was made by the prosecution. The transcript was properly admitted into evidence and defendant's right to confrontation was not abridged. MCLA § 768.26 (Stat Ann 1954 Rev § 28.1049); People v. Pickett (1954), 339 Mich. 294 (45 ALR2d 1341), cert den 349 U.S. 937 ( 75 S Ct 781, 99 L Ed 1266); People v. Johnston (1950), 328 Mich. 213 (20 ALR 2d 1001).
Affirmed.