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PEOPLE v. SCOTT

Docket No. 19413.

64 Mich. App. 740 (1975)

236 N.W.2d 737

PEOPLE v. SCOTT

Michigan Court of Appeals.

Decided October 13, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Michael R. Mueller, Assistant Prosecuting Attorney, for the people.

James R. Neuhard, State Appellate Defender (Arthur J. Tarnow, of counsel), for defendant.

Before: T.M. BURNS, P.J., and QUINN and M.J. KELLY, JJ.

Leave to appeal applied for and by order of the Supreme Court reversed and remanded to the Court of Appeals, 396 Mich ___.

QUINN, J.

Defendant was charged with first-degree murder, MCLA 750.316; MSA 28.548. His jury trial resulted in his conviction of second-degree murder, MCLA 750.317; MSA 28.549. He was sentenced and he appeals on ten allegations of error.

One allegation of error is determinative of this appeal and obviates a recitation of the facts...

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