PEOPLE v. HOFFMEISTER

Docket No. 55792, (Calendar No. 5).

394 Mich. 155 (1975)

229 N.W.2d 305

PEOPLE v. HOFFMEISTER

Supreme Court of Michigan.

Decided May 27, 1975.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Thomas Kizer, Jr., Prosecuting Attorney, and Prosecuting Attorneys Appellate Service (by Lee Wm. Atkinson), for the people.

Dank, Peterson & Hay, P.C., by James M. Biernat, for defendant on appeal.


Decided May 27, 1975. Rehearing denied 394 Mich. 944.

LEVIN, J.

Byron Lee Hoffmeister appeals his conviction of first-degree murder.

The issues are whether the trial judge erred in failing sua sponte to instruct the jury on the lesser included offense of second-degree murder and whether there was sufficient evidence of premeditation and deliberation to support a first-degree murder conviction.

We conclude that the evidence did not show...

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