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PEOPLE v. JESSE SMITH

Docket No. 31393.

81 Mich. App. 190 (1978)

265 N.W.2d 77

PEOPLE v. JESSE SMITH

Michigan Court of Appeals.

Decided February 6, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and James L. McCarthy, Assistant Appellate Counsel, for the people.

Monash & Moss, P.C., for defendant on appeal.

Before: V.J. BRENNAN, P.J., and D.E. HOLBROOK and R.B. MARTIN, JJ.

D.E. HOLBROOK, J.

Defendant was charged with open murder in the homicide of one Freelin Miller, contrary to MCLA 750.316; MSA 28.548. The homicide was the result of a shooting that took place in an automobile in Oakland County on November 27, 1975. On August 6, 1976, a jury found defendant guilty of first-degree murder and he was subsequently sentenced to life imprisonment. On appeal defendant raises two issues.

Because of its bearing on the issues raised...

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