PEOPLE v. HAWLEY

Docket No. 47843.

112 Mich. App. 784 (1982)

317 N.W.2d 564

PEOPLE v. HAWLEY

Michigan Court of Appeals.

Decided February 2, 1982.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Michael W. LaBeau, Prosecuting Attorney, and William D. Bond, Assistant Prosecuting Attorney, for the people.

Lander C. McLoyd, Assistant State Appellate Defender, for defendant on appeal.

Before: CYNAR, P.J., and V.J. BRENNAN and H.E. DEMING, JJ.


V.J. BRENNAN, J.

Defendant was charged with the fatal shooting of Kathleen Perry, who was allegedly shot by the defendant during a motorcycle club party. After a jury trial, defendant was found guilty of first-degree murder, MCL 750.316; MSA 28.548, and sentenced to life imprisonment. He appeals as of right.

Defendant contends that the trial court's instruction to the jury erroneously removed the factual issue of malice aforethought from the jury's consideration...

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