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PEOPLE v. RODRIGUEZ

Docket No. 48740.

103 Mich. App. 161 (1981)

302 N.W.2d 630

PEOPLE v. RODRIGUEZ

Michigan Court of Appeals.

Decided January 22, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Geoffrey H. Nickol, Assistant Prosecuting Attorney, for the people.

Raymond, Rupp & Wienberg, P.C. (by Glenn Essebaggers), for defendant on appeal.

Before: M.F. CAVANAGH, P.J., and T.M. BURNS and R.H. CAMPBELL, JJ.

R.H. CAMPBELL, J.

Defendant was charged with first-degree murder, contrary to MCL 750.316; MSA 28.548. On October 23, 1979, he was convicted of second-degree murder, contrary to MCL 750.317; MSA 28.549. He was sentenced to a term of life imprisonment and appeals as of right.

At the close of the prosecution's proofs, the trial court instructed the jury to pay close attention because, "this Judge is not inclined...

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