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PEOPLE v. MACLIN

Docket Nos. 46029, 46030.

101 Mich. App. 593 (1980)

300 N.W.2d 642

PEOPLE v. MACLIN PEOPLE v. HARVEY

Michigan Court of Appeals.

Decided November 20, 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 Timothy L. Cronin, Assistant Prosecuting Attorney, for the people.

Gerald S. Surowiec, for defendants.

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

N.J. KAUFMAN, J.

Defendants were convicted of two counts of first-degree felony murder in violation of MCL 750.316; MSA 28.548 after a jury trial in Detroit Recorder's Court which commenced on April 3, 1979. Defendant Harvey was also convicted of possession of a firearm in the commission of a felony in violation of MCL 750.227b; MSA 28.424(2). On April 18, 1979, the trial court dismissed this latter conviction on the grounds that it was unconstitutional and then sentenced...

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