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PEOPLE v. SMITH

Docket Nos. 27045, 21830, 24016.

73 Mich. App. 463 (1977)

252 N.W.2d 488

PEOPLE v. SMITH PEOPLE v. HOLLOWAY PEOPLE v. GILMORE

Michigan Court of Appeals.

Decided February 2, 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.

George E. Lee, for defendant Byron A. Smith on appeal.

Fred K. Persons, for defendant Jerome Holloway on appeal.

Carl Ziemba, for defendant Geary Gilmore on appeal.

Before: V.J. BRENNAN, P.J., and BRONSON and BASHARA, JJ.

V.J. BRENNAN, P.J.

Defendants were tried jointly and convicted by a Wayne County Circuit Court jury of murder committed in the perpetration of a kidnapping, MCLA 750.316; MSA 28.548, and kidnapping, MCLA 750.349; MSA 28.581. All three defendants were sentenced to concurrent life terms. All three defendants appeal as a matter of right.

In simplified terms, the facts of this matter arose in the following order. On December 1, 1973, Keith Arnold and Gerald Kraft...

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