PEOPLE v. BROWN

Docket No. 56326, (Calendar No. 13).

399 Mich. 350 (1976)

249 N.W.2d 693

PEOPLE v. BROWN

Supreme Court of Michigan.

Decided December 31, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Harvey A. Koselka, Prosecuting Attorney, and Thomas C. Nelson, Assistant Attorney General, for the people.

State Appellate Defender Office (by Kathleen M. Cummins) for defendant.


Decided December 31, 1976. Rehearing denied 400 Mich. 952.

LINDEMER, J.

On the morning of March 10, 1972, defendant broke into the home of an estranged girlfriend, Rena Smith, and shot her twice in the head. In November of that year, he was tried on the charge of assault with intent to commit murder, MCLA 750.83; MSA 28.278.

Defendant testified at trial that anxiety over the loss of custody of his son combined with the ingestion of various amounts...

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