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PEOPLE v. NICHOLSON

Docket No. 7,241.

28 Mich. App. 408 (1970)

184 N.W.2d 468

PEOPLE v. NICHOLSON

Michigan Court of Appeals.

Decided December 3, 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.

Burton L. Borden, for defendant on appeal.

Before: DANHOF, P.J., and BRONSON and McGREGOR, JJ.

PER CURIAM.

Defendant was found guilty by a jury of manslaughter1 and sentenced to 10 to 15 years in prison. The information filed against defendant charged only manslaughter. However, the proofs offered by the prosecution would have supported a verdict of murder in the first degree on a theory of felony-murder. Defendant appeals on the basis that if the prosecution's proofs were believed by the jury, he would be guilty of first-degree...

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