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PEOPLE v. DAVID B. WALKER

Docket No. 6,493.

25 Mich. App. 317 (1970)

181 N.W.2d 326

PEOPLE v. DAVID B. WALKER

Michigan Court of Appeals.

Decided July 27, 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 Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

Arthur J. Koscinski, for defendant on appeal.

Before: R.B. BURNS, P.J., and LEVIN and CHURCHILL, JJ.

CHURCHILL, J.

Defendant was convicted by accepted plea of guilty of murder in the second degree1 and is serving a prison term of 45 to 50 years.

His only claim of error on appeal is that the information and amended information charges him with murder in the first degree after (he asserts) being bound over on the charge of murder in the second degree. It is argued on his behalf that the prosecution was without authority to file...

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