PEOPLE v. GAITER

Docket No. 55,711.

392 Mich. 689 (1974)

222 N.W.2d 1

PEOPLE v. GAITER

Supreme Court of Michigan.

March 22, 1974.


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 Gerard A. Poehlman, Assistant Prosecuting Attorney, for the people. Carl Ziemba, for defendant.


AMENDED ORDER

On order of the Court, the application for leave to appeal is considered, and the same hereby is granted. The Court, sua sponte, under GCR 1963, 865.1(7), hereby vacates the decision of the Court of Appeals and remands the case to the Recorder's Court for the City of Detroit for new trial.

The defendant was convicted of second-degree murder of an employee of a supermarket. After the victim was shot he told several fellow employees...

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