PEOPLE v. WHETSTONE

Docket No. 53409.

119 Mich. App. 546 (1982)

326 N.W.2d 552

PEOPLE v. WHETSTONE

Michigan Court of Appeals.

Decided September 21, 1982.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Robert L. Kaczmarek, Prosecuting Attorney, and Patrick M. Meter, Chief Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Lynn Chard and Stuart B. Lev), for defendant on appeal.

Before: V.J. BRENNAN, P.J., and ALLEN and T.C. MEGARGLE, JJ.


ALLEN, J.

May a defendant be convicted of felony murder where the underlying felony, breaking and entering, occurred in 1978, before breaking and entering was made an enumerated felony in 1980 under MCL 750.316; MSA 28.548? This question of first impression comes to us on the following facts.

Sometime between 10 and 11 a.m. on Sunday, October 15, 1978, Martin Rueger was found lying on the ground at his home in Saginaw. The car door was open and the motor running...

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