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PEOPLE v. MIDDLETON

Docket No. 7,564.

22 Mich. App. 694 (1970)

177 N.W.2d 652

PEOPLE v. MIDDLETON

Michigan Court of Appeals.

Decided March 26, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Thomas G. Plunkett, Prosecuting Attorney, Dennis Donohue, Chief Appellate Counsel, and Edward Sosnick, Assistant Prosecuting Attorney, for the people.

Alan W. Stevenson, for defendant on appeal.

Before: LESINSKI, C.J., and McGREGOR and V.J. BRENNAN, JJ.

V.J. BRENNAN, J.

On November 26, 1968, defendant, Robert Middleton, while in the presence of appointed counsel, tendered a plea of guilty to an open charge of murder and requested the trial court to determine the degree, whether first or second, pursuant to MCLA § 750.318 (Stat Ann 1954 Rev § 28.550). The trial court heard the testimony of three prosecution witnesses and the defendant, found the defendant guilty of murder in the second degree,

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