
    PEOPLE v. LOGAN
    1. Criminal Law — Witnesses—Res Gestae Witnesses — Unindorsed Witness — Appeal and Error — Preserving Question.
    Failure of prosecutor to indorse the name of a res gestae witness on the information could not be raised for the first time on appeal where the name of the witness became known at the preliminary examination and the defendant did not move to indorse the witness or demand his production.
    2. Criminal Law — Witnesses—Res Gestae Witnesses — Unindorsed Witness — Appeal and Error — Preserving Question.
    Failure of the prosecutor to indorse the name of a res gestae witness will not be heard on appeal where the witness’s identity became known at trial and the defendant did not move for indorsement.
    References for Points in Headnotes
    [1, 2] 5 Am Jur 2d, Appeal and Error § 545.
    41 Am Jur 2d, Indictments and Informations § 60.
    Appeal from Recorder’s Court of Detroit, George W. Crockett, Jr., J.
    Submitted Division 1 February 9, 1971, at Detroit.
    (Docket No. 10126.)
    Decided April 2, 1971.
    Tyrone Logan was convicted of attempted larceny from a person. Defendant appeals.
    Affirmed.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.
    
      Carl Ziemba, for defendant on appeal.
    
      Before: Danhoe, P. J., and Holbrook and Bronson, JJ.
   Per Curiam.

After a non jury trial the defendant was convicted of attempted larceny from a person, MCLA § 750.92 (Stat Ann 1962 Eev § 28.287) and MCLA § 750.357 (Stat Ann 1954 Eev § 28.589). He now contends that the people failed to indorse two alleged res gestae witnesses.

The identity of one of the witnesses became known at the preliminary examination and the defendant did not move that his name be indorsed or demand his production. This issue may not be raised for the first time on appeal. People v. Rimson (1966), 3 Mich App 713; People v. Printess C. Jackson (1968), 11 Mich App 727.

The record does not show that the second witness was in fact a res gestae witness. Also, even if he were a res gestae witness, his identity became known at the trial and the defendant did not move that his name be indorsed.

Affirmed.  