PEOPLE v. HORTON

Docket No. 45666.

99 Mich. App. 40 (1980)

297 N.W.2d 857

PEOPLE v. HORTON

Michigan Court of Appeals.

Decided July 23, 1980.


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 Don W. Atkins, Assistant Prosecuting Attorney, for the people.

Gail Rodwan, Assistant State Appellate Defender, for defendant on appeal.

Before: DANHOF, C.J., and CYNAR and MacKENZIE, JJ.


DANHOF, C.J.

The defendant was tried before a jury on charges of felony murder and first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2), arising out of the death of one Ms. Smith on October 5, 1978. Convicted of felony murder but acquitted of criminal sexual conduct, he brings this appeal as of right.

The testimony indicated that the defendant lived with the victim and a Ms. Jones and her three children in Ms. Jones' apartment. When Ms. Jones...

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