PEOPLE v. LIVINGSTON

Docket No. 19369.

63 Mich. App. 129 (1975)

234 N.W.2d 176

PEOPLE v. LIVINGSTON

Michigan Court of Appeals.

Decided August 11, 1975.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Carlton R. Roeser, Assistant Appellate Counsel, for the people.

James L. Oliphant, for defendant on appeal.

Before: ALLEN, P.J., and D.F. WALSH and O'HARA, JJ.


D.F. WALSH, J.

The defendant was charged with first-degree murder, MCLA 750.316; MSA 28.548, for the shooting death of Dale Mitchell. A jury returned a verdict of guilty of murder in the second degree, MCLA 750.317; MSA 28.549, and the defendant was sentenced to serve 12 to 30 years in prison on December 18, 1973. The principal assignment of error is that there was not sufficient evidence of premeditation and deliberation to justify the submission of the case to the...

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