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PEOPLE v. THORNTON

Docket No. 58839, (Calendar No. 21).

403 Mich. 389 (1978)

269 N.W.2d 192

PEOPLE v. THORNTON

Supreme Court of Michigan.

Decided August 31, 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 Craig L. John, Assistant Prosecuting Attorney, for the people.

Carl Ziemba for defendant.

PER CURIAM:

The Court of Appeals held that where a plea-based conviction is vacated by the trial court on the defendant's motion for a new trial, the defendant may not be charged with a higher offense arising out of the same transaction. 70 Mich.App. 508; 246 N.W.2d 9 (1976). We agree.

I

Defendant, charged with second-degree murder, pled guilty to an added count of manslaughter...

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