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PEOPLE v. DIETRICH

Docket Nos. 19792, 23417.

87 Mich. App. 116 (1978)

274 N.W.2d 472

PEOPLE v. DIETRICH PEOPLE v. COLE

Michigan Court of Appeals.

Decided November 27, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Carol S. Irons, Assistant Prosecuting Attorney, for the people.

Loeks, Buth, Wood & Weidaw, for defendants.

Before: DANHOF, C.J., and V.J. BRENNAN and R.H. CAMPBELL, JJ.

DANHOF, C.J.

These two felony-murder cases arose out of an armed robbery. On October 18, 1972, defendants allegedly robbed a pharmacy and during the perpetration of that robbery shot and killed the pharmacist, Dr. Werra. On October 4, 1973, after a jury trial, defendant Dietrich was found guilty of first-degree murder, MCL 750.316; MSA 28.548. Defendant Cole's trial was not held until November 18, 1974, because of difficulties in

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