Docket No. 6186.

28 Mich. App. 677 (1970)

185 N.W.2d 137


Michigan Court of Appeals.

Leave to appeal denied June 3, 1971.

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 Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.

Kenneth A. Webb, for defendant on appeal.

Before: J.H. GILLIS, P.J., and V.J. BRENNAN and WEIPERT, JJ.

Leave to appeal denied June 3, 1971. 384 Mich. 753.


This is an appeal from the denial of a delayed motion for a new trial. Defendant was convicted by a jury on March 30, 1963, of the second-degree murder of Richard Sobell. MCLA § 750.317 (Stat Ann 1954 Rev § 28.549). The facts show that defendant had begun a drinking bout with certain friends on the afternoon of May 8, 1962. Late that afternoon, defendant and his wife, Betty, along...

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