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20 Mich. App. 264

People v. Rastall

Michigan Court of Appeals

Decided November 26, 1969

Michigan Court of Appeals · decided 1969-11-26

Decided 1969-11-26

Per Curiam.

¶1On June 6, 1967, defendant was convicted of armed robbery after a nonjury trial, CLS 1961, § 750.529 (Stat Ann 1969 Cum Supp § 28.797).

¶2The only issue on appeal is whether the trial judge abused his discretion by denying defense counsel’s *265motion for a second continuance made on the day of trial.

¶3The Michigan Supreme Court has repeatedly held that granting or refusing applications for continuances is within the discretion of the trial court, and unless it is shown that his discretion was abused, his action will not be reversed, People v. Burby (1922), 218 Mich 46. See also People v. Knox (1961), 364 Mich 620; CL 1948, § 768.2 (Stat Ann 1954 Rev § 28.1025); GCR 1963, 503.

¶4It is clear from the record in this case that there was no abuse of discretion by the trial court.

¶5Aifirmed.

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