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PEOPLE v. BURKS

No. 6 January Term 1972, Docket No. 53,333.

387 Mich. 393 (1972)

196 N.W.2d 777

PEOPLE v. BURKS

Supreme Court of Michigan.

Decided May 4, 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 Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

Arthur J. Tarnow, State Appellate Defender, for defendant on appeal.

ADAMS, J.

I agree with Justice BLACK and the Court of Appeals as to the first question.

I disagree with the rigid statement by the Court of Appeals that "the character of the deceased in a homicide prosecution is material only when a plea of self-defense is interposed." (Emphasis added.)

A proper statement of the evidentiary rule appears in 40 CJS, Homicide, § 222, pp 1138, 1140:

"Aside...

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