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PEOPLE v. LYLES

Docket No. 21871.

67 Mich. App. 620 (1976)

242 N.W.2d 452

PEOPLE v. LYLES

Michigan Court of Appeals.

Decided March 8, 1976.

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 Barry J. Siegel, Assistant Prosecuting Attorney, for the people.

Francis Zebot, Assistant State Appellate Defender, for defendant.

Before: M.F. CAVANAGH, P.J., and R.B. BURNS and F.C. ZIEM, JJ.

R.B. BURNS, J.

Defendant was charged with murder in the first degree. MCLA 750.316; MSA 28.548. He was found guilty by a jury of manslaughter. MCLA 750.321; MSA 28.553.

He appeals and we reverse.

Defendant claims the trial court erred by submitting the charge of murder in the first degree to the jury. He claims that there was insufficient evidence presented to support premeditation and deliberation and the trial court should have dismissed the count...

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