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PEOPLE v. TOWNES

Docket No. 13155.

44 Mich. App. 383 (1973)

205 N.W.2d 258

PEOPLE v. TOWNES.

Michigan Court of Appeals.

Decided January 17, 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 Robert A. Reuther, Assistant Prosecuting Attorney, for the people.

Jerome P. Reif, Assistant State Appellate Defender, for defendant.

Before: LESINSKI, C.J., and FITZGERALD and VAN VALKENBURG, JJ.

Leave to appeal granted, 389 Mich. 796.

VAN VALKENBURG, J.

The defendant was convicted by a jury of second-degree murder, MCLA 750.317; MSA 28.549, sentenced to a prison term of 8 to 20 years and appeals as of right.

Although some of the facts are in conflict, it appears that they may be reasonably summarized in the following manner. The defendant harbored the ostensible idea that one Odom McMillion, an

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