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PEOPLE v. LUTZKE

Docket Nos. 22044, 22045.

68 Mich. App. 75 (1976)

241 N.W.2d 765

PEOPLE v. LUTZKE

Michigan Court of Appeals.

Decided March 23, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Norman Ehrnst, Prosecuting Attorney (Prosecuting Attorneys Appellate Service, Keith D. Roberts, Assistant Attorney General), for the people.

Sharon M. Sloan and Lawrence Baron, Assistant State Appellate Defenders, for defendant.

Before: QUINN, P.J., and J.H. GILLIS and ALLEN, JJ.

Leave to appeal applied for.

QUINN, P.J.

Charged with first-degree murder, MCLA 750.316; MSA 28.548, and assault with intent to commit murder, MCLA 750.83; MSA 28.278, the jury convicted defendant of second-degree murder, MCLA 750.317; MSA 28.549, and assault with intent to commit great bodily harm less than murder, MCLA 750.84; MSA 28.279. He was sentenced and he appeals.

Shortly after 8 p.m. on February...

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