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PEOPLE v. CURLEY PEOPLE

PER CURIAM.

Defendants were jointly tried and convicted of first-degree murder by a jury. We find reversible error occurred during the course of the trial as to each of the defendants for the following reasons.

CL 1948, § 750.316 (Stat Ann 1954 Rev § 28.548).

Defendant Shaw was seriously prejudiced by the introduction of evidence of similar robberies committed by him. See People v. Askar (1967), 8 Mich. App. 95.

Defendant Curley's conviction violated the constitutional mandate of Bruton v. United States (1968), 391 U.S. 123 ( 88 S Ct 1620, 20 L Ed 2d 476), made retroactive and effective upon the States in Roberts v. Russell (1968), 392 U.S. 293 ( 88 S Ct 1921, 20 L Ed 2d 1100). Unlike the situation in People v. Shirk (1968), 10 Mich. App. 121, defense counsel made spontaneous objections to the use of such statement.

Reversed and remanded for new trial.

J.H. GILLIS, P.J., and R.B. BURNS and KELLEY, JJ., concurred.

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PEOPLE v. CURLEY
(Nov 25, 1968)