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PEOPLE v. CHAPMAN

Docket No. 77-617.

80 Mich. App. 583 (1978)

264 N.W.2d 69

PEOPLE v. CHAPMAN

Michigan Court of Appeals.

Decided January 5, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Edward J. Grant, Prosecuting Attorney, and John L. Wildeboer, Assistant Prosecuting Attorney, for the people.

F. Martin Tieber, Assistant State Appellate Defender, for defendant on appeal.

Before: J.H. GILLIS, P.J., and BASHARA and H.L. HEADING, JJ.

H.L. HEADING, J.

Defendant was charged with inciting, inducing or exhorting another to commit murder, MCLA 750.157b; MSA 28.354(2). At his preliminary examination, the magistrate refused to bind defendant over for trial, on grounds that the prosecution was required to establish, as part of the corpus deliciti, that a murder had actually occurred. The prosecutor appealed this decision in Circuit Court for Jackson County...

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