PEOPLE v. KING

Docket No. 77-3055.

94 Mich. App. 53 (1979)

288 N.W.2d 377

PEOPLE v. KING

Michigan Court of Appeals.

Decided December 5, 1979.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Paul G. Bruno, Assistant Prosecuting Attorney, for the people.

Bernstein, Rabinovitz & Weitzman, P.C., for defendant.

Before: N.J. KAUFMAN, P.J., and D.C. RILEY and J.X. THEILER, JJ.


D.C. RILEY, J.

We adopt the facts as set forth in Judge KAUFMAN'S dissenting opinion and agree that there was sufficient evidence presented at the preliminary examination to bind defendant over on a charge of murder and, at trial, to convict defendant of that charge.

However, we part company with his dissent on the issue of the court's instruction on felony-murder. Under the facts of this case, reversal is mandated...

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