CARLAND, J.
The defendant was charged in an information alleging an open count of murder arising as the result of the slaying of one Glenda Joyce Moss on February 8, 1971. Following a preliminary examination, the defendant was bound over to the circuit court for trial on such open count of murder contrary to MCLA 750.316; MSA 28.548; MCLA 750.317; MSA 28.549. Following jury trial, the defendant was convicted of
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