Ill defendant in Michigan

1982Ill The rule is well established that the prosecutor is required to indorse on the information the names of all res gestae witnesses and that he is further obliged to produce them at the trial. 8 The prosecutor is not, however, required, as an exception to that rule, to indorse the name of or to call as a witness an accomplice who is a res gestae witness whom, if called, he may not impeach. *611 People v White, 401 Mich 482 ; 257 NW2d 912 (1977). 9 We agree with the Court of Appeals in People v Gawthrop, 106 Mich App 722 ; 308 NW2d 621 (1981), that that Court had erred in deciding this issue i

1982Ill The rule is well established that the prosecutor is required to indorse on the information the names of all res gestae witnesses and that he is further obliged to produce them at the trial. 8 The prosecutor is not, however, required, as an exception to that rule, to indorse the name of or to call as a witness an accomplice who is a res gestae witness whom, if called, he may not impeach. *611 People v White, 401 Mich 482 ; 257 NW2d 912 (1977). 9 We agree with the Court of Appeals in People v Gawthrop, 106 Mich App 722 ; 308 NW2d 621 (1981), that that Court had erred in deciding this issue i

1982Ill The rule is well established that the prosecutor is required to indorse on the information the names of all res gestae witnesses and that he is further obliged to produce them at the trial. 8 The prosecutor is not, however, required, as an exception to that rule, to indorse the name of or to call as a witness an accomplice who is a res gestae witness whom, if called, he may not impeach. *611 People v White, 401 Mich 482 ; 257 NW2d 912 (1977). 9 We agree with the Court of Appeals in People v Gawthrop, 106 Mich App 722 ; 308 NW2d 621 (1981), that that Court had erred in deciding this issue i

1982Ill The rule is well established that the prosecutor is required to indorse on the information the names of all res gestae witnesses and that he is further obliged to produce them at the trial. 8 The prosecutor is not, however, required, as an exception to that rule, to indorse the name of or to call as a witness an accomplice who is a res gestae witness whom, if called, he may not impeach. *611 People v White, 401 Mich 482 ; 257 NW2d 912 (1977). 9 We agree with the Court of Appeals in People v Gawthrop, 106 Mich App 722 ; 308 NW2d 621 (1981), that that Court had erred in deciding this issue i

1981People v Kayne, 286 Mich 571, 581-585 ; 282 NW2d 248 (1938), People v Bankston, 78 Mich App 733 ; 261 NW2d 39 (1977).

1981People v Kayne, 286 Mich 571, 581-585 ; 282 NW2d 248 (1938), People v Bankston, 78 Mich App 733 ; 261 NW2d 39 (1977).

1981People v Kayne, 286 Mich 571, 581-585 ; 282 NW2d 248 (1938), People v Bankston, 78 Mich App 733 ; 261 NW2d 39 (1977).

1977As such, it is a rebuttable presumption. [Citations omitted.] It is not a conclusive presumption, or a rule of law which makes legislative action invulnerable to constitutional assault. * * * [I]t is increasingly important that when it becomes necessary for the Court to deal with the facts relating to particular commercial or industrial conditions, they should be presented concretely with appropriate determinations upon evidence, so that conclusions shall not be reached without adequate factual support.” Borden’s Farm Products Co v Baldwin, 293 US 194, 209-210 ; 55 S Ct 187 ; 79 L Ed 281 (1934

1977As such, it is a rebuttable presumption. [Citations omitted.] It is not a conclusive presumption, or a rule of law which makes legislative action invulnerable to constitutional assault. * * * [I]t is increasingly important that when it becomes necessary for the Court to deal with the facts relating to particular commercial or industrial conditions, they should be presented concretely with appropriate determinations upon evidence, so that conclusions shall not be reached without adequate factual support.” Borden’s Farm Products Co v Baldwin, 293 US 194, 209-210 ; 55 S Ct 187 ; 79 L Ed 281 (1934

1971People v. Burk (1927), 238 Mich 485, 489 ; 2 Gillespie, Michigan Criminal Law & Procedure (2d ed), § 1041, pp 1435, 1436.” In 2 Gillespie, Michigan Criminal Law & Procedure (2d ed), § 1044, pp 1436, 1437 it is stated: “A ‘dangerous weapon’ within the meaning of the statute, is any instrument reasonably calculated, and, likely, to produce death or serious bodily injury from the manner in which it is used, or, perhaps it is more accurately described as a weapon, which, in the manner in which it is used or attempted to be used, may endanger life or inflict great bodily harm.” Defendant asserts th

1971Ill The defendant claims that a broomstick, as used under the facts in this case, was not a dangerous *333 weapon within the provisions of the statute MCLA § 750.82 (Stat Ann 1962 Rev § 28.277). 2 Defendant cites the case of People v. Childs (1968), 11 Mich App 408, 411 , defining the elements necessary of proof in a felonious assault case: “The only elements necessary to be proven are assault and that a dangerous weapon had been used in making the assault.

1970Ill The defendant contends that he was not informed of the nature of the accusation, citing McCarthy v. United States (1969), 394 US 459 ( 89 S Ct 1166 , 22 L Ed 2d 418 ).

1970Ill The defendant contends that he was not informed of the nature of the accusation, citing McCarthy v. United States (1969), 394 US 459 ( 89 S Ct 1166 , 22 L Ed 2d 418 ).

1966The Court of Appeals opinion stated: “There is no testimony in the record before us that would indicate any defective condition existing in the screen which struck the plaintiff.” Lipsitz v. Schechter, supra, p 140 . ' 'We have lately considered the doctrine of res ipsa loquitur in Gadde v. Michigan Consolidated Gas Company, 377 Mich 117 .

1966The Court of Appeals opinion stated: “There is no testimony in the record before us that would indicate any defective condition existing in the screen which struck the plaintiff.” Lipsitz v. Schechter, supra, p 140 . ' 'We have lately considered the doctrine of res ipsa loquitur in Gadde v. Michigan Consolidated Gas Company, 377 Mich 117 .