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PEOPLE v. NUSS

Docket Nos. 26767, 26768.

75 Mich. App. 346 (1977)

254 N.W.2d 883

PEOPLE v. NUSS

Michigan Court of Appeals.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and Lynwood E. Noah, Senior Assistant Prosecuting Attorney, for the people.

O'Brien, Moran & Dimond and Conlin, O'Hagan, Henry, Hurbis & Graf, for defendant.

Before: M.F. CAVANAGH, P.J., and R.M. MAHER and BEASLEY, JJ.

R.M. MAHER, J.

The posture of this appeal can be understood from the accurate recitation of the facts found in Judge BEASLEY'S dissenting opinion.

Defendant is able to invoke the bar against prosecution for the Brown murder found in § 8 of the repealed criminal sexual psychopath statute. MCLA 780.501 et seq.; MSA 28.967(1) et seq., repealed by 1968 PA 143. Section 8, in effect when defendant...

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