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PEOPLE v. MANCILL

Docket No. 28292.

77 Mich. App. 254 (1977)

258 N.W.2d 75

PEOPLE v. MANCILL

Michigan Court of Appeals.

Decided August 8, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Research, Training and Appeals, and Robert M. Morgan, Assistant Prosecuting Attorney, for the people.

Carl Ziemba, for defendant on appeal.

Before: M.J. KELLY, P.J., and J.H. GILLIS and R.M. MAHER, JJ.

M.J. KELLY, P.J.

Defendant was charged with first-degree murder, MCLA 750.316; MSA 28.548, and murder in the perpetration of rape, MCLA 750.316; MSA 28.548. At the conclusion of plaintiffs case, the prosecutor consented to dismissal as to the felony-murder charge. Defense counsel then moved for directed verdict on the premeditated first-degree murder count and all lesser included offenses. The trial court reduced the charge to second-degree murder, left open the question...

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