PEOPLE v. BENBERRY

Docket No. 7,330.

24 Mich. App. 188 (1970)

180 N.W.2d 391

PEOPLE v. BENBERRY

Michigan Court of Appeals.

Leave to appeal denied July 31, 1970.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.

Perry W. Lewis, for defendant on appeal.

Before: T.M. BURNS, P.J., and LEVIN and DAVIDSON, JJ.


Leave to appeal denied July 31, 1970. 383 Mich. 813.

T.M. BURNS, P.J.

On August 25, 1967, defendant called the Detroit police. He told them that he had shot and killed a Mr. Bennie McCormick by mistake. The defendant stated that while he was visiting at the flat of a Mr. Edward Prince, he heard footsteps on the back stairs. The defendant said that he thought a burglar might be trying to break in, as the flat was on the second floor and since it was about 5...

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