
    PEOPLE v. COLE
    Criminal Law — Appeal and Error — Evidence—Inculpatory Statement — Walker Hearing.
    A claim that it was reversible error for a jury, prior to a Walker hearing, to have learned of the existence of an inculpatory statement made by defendant to the police was without merit where the judge excused the jury after it was aware of the statement, conducted a Walker hearing, and ruled the defendant’s statement was admissible.
    Reference for Points in Headnote
    21 Am Jur 2d, Criminal Law §§ 357, 368.
    Appeal from Recorder’s Court of Detroit, Robert E. De Mascio, J. Submitted Division 1 November 10, 1970, at Detroit.
    (Docket No. 8458.)
    Decided December 7, 1970.
    Darryl Lee Cole was convicted of assault with intent to rob. Defendant appeals.
    Affirmed.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Garnovale, Chief, Appellate Department, and Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.
    
      M. John Shamo, for defendant on appeal.
    
      Before: McGregor, P. J., and Holbrook and O’Hara, JJ.
    
      
       Former Supreme Court Justice, sitting on the Court of Appeals by assignment pursuant to Const 1963, art 6, § 23 as amended in 1968.
    
   Per Curiam.

Defendant was convicted upon a jury verdict of assault with intent to rob, not being armed, (MCLA § 750.88 [Stat Ann 1962 Rev § 28.283]), and was sentenced to 7 to 15 years in prison. Prom this verdict he appeals.

Defendant assigns two errors for review. First, he contends that his arrest was improper and his conviction, therefore, void. Assuming that defendant’s arrest was illegal, all proceedings thereafter are not necessarily rendered void, as he contends. People v. Nawrocki (1967), 6 Mich App 46. We have examined the record and find that the arrest proceeded from a complaint and identification by the victim, and that the arrest was proper. Furthermore, defendant failed to object to any alleged irregularities regarding his arrest until this appeal.

Prior to trial, defendant made an inculpatory statement to police regarding this crime. He contends that it was reversible error for the jury, prior to a Walker hearing, to have learned of the existence of this statement. We find this issue to he without merit, inasmuch as, after the jury was made aware of the statement, the judge excused the jury, conducted a Walker hearing, and ruled that the defendant’s statement was admissible. Defense counsel made no objection to its admissibility at trial.

Conviction is affirmed. 
      
      
        People v. Walker (On Rehearing, 1965), 374 Mich 331.
     