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PEOPLE v. HANSMA

Docket No. 28850.

84 Mich. App. 138 (1978)

269 N.W.2d 504

PEOPLE v. HANSMA

Michigan Court of Appeals.

Decided June 19, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James J. Gregart, Prosecuting Attorney, and Stephen M. Wheeler, Chief of Appellate Division, for the people.

DeVries & Lamb, P.C., for defendant on appeal.

Before: M.F. CAVANAGH, P.J., and BRONSON and M.J. KELLY, JJ.

M.F. CAVANAGH, P.J.

Defendant allegedly shot to death one John Bowler, a service station attendant, when Bowler resisted defendant's attempted robbery. Defendant was brought to trial and the jury instructed on felony (first-degree) murder, MCL 750.316; MSA 28.548, and second-degree murder, MCL 750.317; MSA 28.549. The jury's verdict was "guilty as charged". Defense counsel, the prosecutor and the court all interpreted this verdict as guilty of first-degree murder...

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