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PEOPLE v. CARTER

No. 7 January Term 1972, Docket Nos. 53,159-53,161.

387 Mich. 397 (1972)

197 N.W.2d 57

PEOPLE v. CARTER. PEOPLE v. BROYLES. PEOPLE v. McCULLY

Supreme Court of Michigan.

Decided May 4, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James K. Miller, Prosecuting Attorney, and Donald A. Johnston, III, Chief Appellate Attorney, for the people.

State Appellate Defender Office, Warner, Norcross & Judd (by John Tully), Varnum, Riddering, Wierengo & Christenson (by Carl R. Fleetwood), and Cholette, Perkins & Buchanan (by Sherman H. Cone), for defendants.

ADAMS, J.

I.

THE CRIME.

December 1, 1967 was the last day in the life of Emile Osbeck, a 67-year-old self-employed interior decorator. He spent the morning working at his trade, ate a hearty lunch with his wife, and then went to a paint store where he purchased three gallons and four quarts of paint. He first carried the gallon cans, weighing approximately 15 pounds each, out of the store and then returned for the four

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