PEOPLE v. LESTER

Docket Nos. 60342, 61268. (Calendar Nos. 1, 2).

406 Mich. 252 (1979)

277 N.W.2d 633

PEOPLE v. REDERICK LESTER PEOPLE v. JOE LESTER PEOPLE v. JAMES LESTER

Supreme Court of Michigan.

Decided May 1, 1979.


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 Andrea L. Solak, Assistant Prosecuting Attorney, for the people.

Carl Ziemba, for defendants Frederick Lester and Joe Lester.

State Appellate Defender (by Rolf E. Berg) for defendant James Lester.


PER CURIAM:

These defendants were jointly tried for the murder of Shane Davis. The jury found them guilty of murder in the first degree. The theory of the prosecution was that defendant James Lester shot and killed Shane Davis while James' brothers Frederick and Joe Lester aided and abetted James in that effort. The theory of the defense was that the gun which was being carried by James Lester accidentally discharged during the course of a struggle between James Lester...

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