PEOPLE v. STEVENSON

Docket No. 66123, (Calendar No. 11).

416 Mich. 383 (1982)

331 N.W.2d 143

PEOPLE v. STEVENSON

Supreme Court of Michigan.

Decided December 23, 1982.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Carol S. Irons, Chief Appellate Attorney, for the people.

Kent County Defender (by Patrick C. Bowler) for the defendant.


RYAN, J.

In this case we are required to decide the validity of the rule that a murder conviction may not be obtained if the victim of the homicide does not die within a year and a day after the assault.

We hold that the "year and a day" rule is part of the common law of this state; that the rule is hereby abrogated; and that the abrogation of the rule should not, and will not, be given retroactive effect.

On December 15, 1976, defendant Ross Stevenson...

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