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PEOPLE v. STEPHENS

Docket Nos. 28978, 29186.

84 Mich. App. 250 (1978)

269 N.W.2d 552

PEOPLE v. STEPHENS PEOPLE v. JESSE SMITH.

Michigan Court of Appeals.

Decided June 20, 1978.

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 & Appeals, and Frank J. Bernacki and Brian Marzec, Assistants Prosecuting Attorney, for the people.

BeGole, Lukomski, Maddock & McDonald, for defendant Ronald Stephens.

Raymond E. Willis, for defendant Jesse Smith.

Before: BEASLEY, P.J., and BASHARA and D.C. RILEY, JJ.

D.C. RILEY, J.

Defendants Ronald Stephens and Jesse Smith, tried jointly by a jury on a charge of felony murder, MCL 750.316; MSA 28.548, were convicted of the lesser included offense of second-degree murder, MCL 750.317; MSA 28.549, and sentenced to terms of 40 to 60 years in prison. Their appeals have been consolidated.

Although each defendant raises several issues, we find reversible error in a common issue; i.e., failure to instruct on a defense...

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