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PEOPLE v. ULMER

Docket Nos. 19184, 19185, 19186.

78 Mich. App. 319 (1977)

259 N.W.2d 875

PEOPLE v. ULMER PEOPLE v. SHEPARD

Michigan Court of Appeals.

Decided September 20, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and John J. Hensel, Assistant Prosecuting Attorney, Chief, Appellate Division, for the people.

Norris J. Thomas, Jr., Assistant State Appellate Defender, for defendant on appeal.

Before: QUINN, P.J., and BRONSON and M.J. KELLY, JJ.

AMENDED OPINION

QUINN, P.J.

Defendants were convicted by a jury October 16, 1974, of felony murder, MCLA 750.316; MSA 28.548. On appeal, these convictions were reversed by an unpublished per curiam opinion on the basis of improper communication by the trial judge with the jury. The trial transcript appeared to support this finding.

Thereafter, the people moved for a rehearing and for a remand to the trial court for an evidentiary hearing on what...

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