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PEOPLE v. GARDNER

Docket No. 9716.

37 Mich. App. 520 (1972)

195 N.W.2d 62

PEOPLE v. GARDNER

Michigan Court of Appeals.

Decided January 17, 1972.

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

Gus Cifelli (Kenneth A. Webb, of counsel), for defendant on appeal.

Before: LESINSKI, C.J., and HOLBROOK and VAN VALKENBURG, JJ.

Leave to appeal denied, 387 Mich. 772.

LESINSKI, C.J.

Defendant Henry Gardner's motion to dismiss the information charging him with first-degree murder, MCLA 750.316; MSA 28.548, was denied by the trial court. This Court stayed proceedings in the court below on this charge, and granted defendant leave to appeal the trial court's denial of his motion.

Defendant was first tried by a jury on this charge along with two other men. At that trial, presided...

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