Leave to appeal applied for.
D.E. HOLBROOK, JR., J.
Defendant was originally charged with first-degree murder arising out of the shooting death of one Mary Juanita Cloyd. MCLA 750.316; MSA 28.548. Pursuant to court order the information was subsequently amended to charge murder in the second degree. Defendant was tried by a jury and convicted of the amended charge. Sentenced to imprisonment for a term of not less than 25 nor more than 40 years, defendant appeals...
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