(dissenting). For the first time since the unanimous vote of this Court established the rule of law in People v Medcoff, 344 Mich 108; 73 NW2d 537 (1955), it appears that there are four votes to change it.
I am still persuaded that Medcoff is the better rule for the reasons I listed in People v Carroll, 396 Mich 408; 240 NW2d 722 (1976).
Accordingly I would affirm the Court of Appeals and the trial court and order a new trial.