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PEOPLE v. GREEN

Docket No. 50487.

113 Mich. App. 699 (1982)

318 N.W.2d 547

PEOPLE v. GREEN

Michigan Court of Appeals.

Decided March 2, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Andrea L. Solak, Assistant Prosecuting Attorney, for the people.

Kim Robert Fawcett, Assistant State Appellate Defender, for defendant on appeal.

Before: R.M. MAHER, P.J., and D.F. WALSH and D.C. RILEY, JJ.

I

R.M. MAHER, P.J.

Defendant was charged in a two-count information with second-degree murder, MCL 750.317; MSA 28.549, and possession of a weapon during the commission of a felony, MCL 750.227b; MSA 28.424(2). After a bench trial defendant was convicted of manslaughter, MCL 750.321; MSA 28.553, and acquitted of the felony-firearm charge. He appeals as of right.

The parties stipulated that the alleged victim,

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