PEOPLE v. JACKSON

No. 1 October Term 1973, Docket No. 54,381.

390 Mich. 621 (1973)

212 N.W.2d 918

PEOPLE v. JACKSON

Supreme Court of Michigan.

Decided December 18, 1973.


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 Gerard A. Poehlman, Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by David A. Goldstein), for defendant on appeal.


LEVIN, J.

Robert Jackson shot and killed Jackie (Sonny) Wilson, Jr. during a shoot-out with Richard Holmes.

Michael Lewis testified that Holmes shot first and Jackson then returned Holmes's fire. Wilson was shot in the cross-fire. Jackson was convicted of second-degree murder by the judge who sat without a jury.

Wilson was a friend of Jackson and there is no reason to believe that Jackson intended to kill him. The case was tried on the assumption stated...

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