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PEOPLE v. McFARLIN

No. 7 April Term 1973, Docket No. 54,201.

389 Mich. 557 (1973)

208 N.W.2d 504

PEOPLE v. McFARLIN PEOPLE v. RABB PEOPLE v. LOOMIS

Supreme Court of Michigan.

Decided June 28, 1973.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Joel B. Saxe, Assistant Prosecuting Attorney, for the people.

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

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Joel B. Saxe, Assistant Prosecuting Attorney, for the people.

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

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and Leonard J. Kowalski, Assistant Prosecuting Attorney, for the people.

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

LEVIN, J.

In these cases, consolidated on appeal, the defendants were convicted of felonies and sentenced to serve terms in prison. In the leading McFarlin case (People v McFarlin, 41 Mich.App. 116 [1972]) a panel of the Court of Appeals, differing with an earlier panel's decision in People v Coleman, 19 Mich.App. 250 (1969), held that a judge may not consider...

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