PEOPLE v. BROOM

Docket No. 14393.

50 Mich. App. 337 (1973)

213 N.W.2d 247

PEOPLE v. BROOM

Michigan Court of Appeals.

Decided November 1, 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 Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

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

Before: R.B. BURNS, P.J., and V.J. BRENNAN and VAN VALKENBURG, JJ.


V.J. BRENNAN, J.

The defendant, Eli Broom, was convicted by a jury of murder in the second degree (MCLA 750.317; MSA 28.549). Briefly the facts are that the defendant shot and killed one Cedric Straud. The shooting occurred at the home of the defendant and the deceased; the deceased had been living there temporarily. The defendant, on the night of the shooting, found some money missing and, as a result, told the deceased that the

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