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PEOPLE v. McMILLER

No. 8 January Term 1973, Docket No. 53,925.

389 Mich. 425 (1973)

208 N.W.2d 451

PEOPLE v. McMILLER

Supreme Court of Michigan.

Decided June 18, 1973.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Bruce A. Barton, Prosecuting Attorney, and Richard A. Cooley, Jr., Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Richard S. McMillin, Assistant Defender), for defendant on appeal.

Amicus Curiae: Prosecuting Attorneys Association of Michigan (by James K. Miller, Prosecuting Attorney, Bruce A. Barton, Prosecuting Attorney, Edward G. Durance, Prosecuting Attorney, Thomas G. Plunkett, Prosecuting Attorney, Thomas R. Lewis, Director Prosecuting Attorneys Appellate Service [William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Edward R. Wilson, Assistant Prosecuting Attorney, of counsel]).

T.G. KAVANAGH, J.

We granted leave in this case and the case of People v Wolff to consider the implications of the setting aside of a plea of guilty to a lesser offense and putting the defendant on trial for a higher offense.

The facts are not complicated.

On November 14, 1968, defendant was charged with the murder of John "Junior" Watson. On January 13, 1969, defendant pled guilty to the lesser offense of manslaughter. He was sentenced to serve...

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