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PEOPLE v. EMBREE

Docket No. 21493.

68 Mich. App. 40 (1976)

241 N.W.2d 753

PEOPLE v. EMBREE

Michigan Court of Appeals.

Decided March 23, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Harold S. Sawyer, Prosecuting Attorney, Donald A. Johnston III, Chief Assistant Prosecuting Attorney, and Craig S. Neckers, Assistant Prosecuting Attorney, for the people.

Bergstrom, Slyhouse & Shaw, P.C. (by James G. Black), for defendant.

Before: DANHOF, P.J., and QUINN and D.E. HOLBROOK, JR., JJ.

Leave to appeal applied for.

QUINN, J.

Defendant was charged with first-degree murder in a two-count information. Count I charged deliberate and premeditated murder; count II charged felony murder. Both offenses are specified in MCLA 750.316; MSA 28.548 as murder in the first degree. The evidence at trial supported both counts. The jury verdict was guilty of first-degree murder. Defendant was sentenced and this appeal followed.

The only issue raised...

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