PEOPLE v. BENNETT

Docket No. 27761.

84 Mich. App. 408 (1978)

269 N.W.2d 618

PEOPLE v. BENNETT

Michigan Court of Appeals.

Decided July 5, 1978.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Daniel J. Petrella, Assistant Prosecuting Attorney, for the people.

Jane Burgess, for defendant.

Before: M.J. KELLY, P.J., and T.M. BURNS and R.M. MAHER, JJ.


M.J. KELLY, P.J.

Defendant was charged with first-degree (premeditated) murder, MCL 750.316; MSA 28.548, and convicted in October, 1975 by a Detroit Recorder's Court jury of manslaughter, MCL 750.321; MSA 28.553. (An earlier prosecution in February, 1973, ended in a mistrial.) A co-defendant, Samuel Daniels, was acquitted. Defendant was sentenced to 5 to 15 years in prison, with 228 days credit for time served and now appeals of right.

Defendant argues that...

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