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PEOPLE v. DYKES

Docket Nos. 9998, 10207.

37 Mich. App. 555 (1972)

195 N.W.2d 14

PEOPLE v. DYKES PEOPLE v. YOUNG

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 Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.

Lawrence B. MacDonald (Carl Ziemba, of counsel), for defendant Dykes on appeal.

David Harris, for defendant Young on appeal.

Before: HOLBROOK, P.J., and T.M. BURNS and DANHOF, JJ.

T.M. BURNS, J.

Defendant Dykes appeals his conviction of second-degree murder, MCLA 750.317; MSA 28.549, while defendant Young appeals his conviction of manslaughter, MCLA 750.321; MSA 28.553.

Defendants were charged with the death of one Benny Neal. One witness testified to seeing the deceased backing down a stairway while defendant Dykes stabbed and defendant Young kicked at the deceased from above. The testimony of the eyewitness, an 11-year-old child,...

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