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PEOPLE v. KENNETH SMITH

Docket No. 26339.

69 Mich. App. 537 (1976)

245 N.W.2d 125

PEOPLE v. KENNETH SMITH

Michigan Court of Appeals.

Decided June 15, 1976.

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 James L. McCarthy, Assistant Appellate Counsel, for the people.

Bornstein, Wishnow, Shaye & Schneiderman, for defendant.

Before: J.H. GILLIS, P.J., and M.F. CAVANAGH and McGREGOR, JJ.

McGREGOR, J.

Defendant was involved in a personal injury accident on May 5, 1975 and pled guilty to a traffic violation. The victim of the accident subsequently died and defendant was charged with negligent homicide. Defendant withdrew his guilty plea on the traffic violation, pled nolo contendere, and was sentenced. Defendant next successfully moved the circuit court to quash the information on the negligent homicide charge on grounds of double jeopardy. The plaintiff...

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