Michigan Court of Appeals May 20, 1971, Docket 5738 (People v. Patskan)

Kelley, J.

On July 14, 1967, at approximately 4 a.m., three men attempted to rob a restaurant-bar. The establishment had closed for the evening, but a night porter, Fernando, was inside cleaning the premises. Immediately before the attempt, Fernando received a telephone call in which the caller informed him that the premises were on fire and that

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he had better leave the building.