PEOPLE v. COOKE

Docket No. 51500.

113 Mich. App. 272 (1982)

317 N.W.2d 594

PEOPLE v. COOKE.

Michigan Court of Appeals.

Decided February 17, 1982.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Theodore D. Johnson, Prosecuting Attorney, and Thomas C. Nelson, Assistant Attorney General, Prosecuting Attorneys Appellate Service, for the people.

Richard A. Collins, for defendant.

Before: ALLEN, P.J., and M.J. KELLY and J.J. KELLEY, JJ.


ALLEN, P.J.

May a prosecutor appeal from a post-verdict order acquitting a defendant after a jury has returned a verdict of guilty? This issue of first impression comes before us in an appeal by the prosecutor from an order acquitting the defendant of burning insured property, MCL 750.75; MSA 28.270.

The charge arose from a fire on January 16, 1979, in an unoccupied dwelling house owned by defendant in Long Rapids Township, Alpena County. Trial was held in...

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