PEOPLE v. NOTH

Docket No. 7675.

33 Mich. App. 18 (1971)

189 N.W.2d 779

PEOPLE v. NOTH

Michigan Court of Appeals.

Leave to appeal granted August 12, 1971.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Thaddeus F. Hamera, Chief Appellate Attorney, and Don L. Milbourn, Assistant Prosecuting Attorney, for the people.

Richard E. Cyrul, for defendant on appeal.

Before: LESINSKI, C.J., and LEVIN and O'HARA, JJ.


O'HARA, J.

This is an appeal on leave granted from a jury conviction of rape1 rendered on December 12, 1950. Prior thereto, on October 11, 1950, the defendant was convicted of manslaughter under an information charging first-degree murder.2 In the murder trial, the prosecution did not rely alone on the historic elements of premeditation and malice. Rather, the people argued that defendant was guilty under the...

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