PEOPLE v. HIGGINBOTHAM

Docket No. 6,152.

21 Mich. App. 489 (1970)

175 N.W.2d 557

PEOPLE v. HIGGINBOTHAM

Michigan Court of Appeals.

Decided February 4, 1970.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

Armand D. Bove, for defendant on appeal.

Before: LESINSKI, C.J., and J.H. GILLIS and QUINN, JJ.


LESINSKI, C.J.

In the early morning of October 23, 1967, three officers of the Detroit Police Department were sent to investigate suspicious noises in a bar. According to the testimony at trial, two officers entered the front door of the bar and observed one man "in the middle of the bar and two figures in the rear of the bar." The first man, James Henderson, was shot after refusing to heed the officer's orders. Immediately thereafter defendant Richard Higginbotham...

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