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PEOPLE v. KISER

Docket No. 51006.

122 Mich. App. 321 (1983)

333 N.W.2d 477

PEOPLE v. KISER

Michigan Court of Appeals.

Decided January 10, 1983.

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 Don W. Atkins, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Ronald J. Bretz), for defendant on appeal.

Before: D.C. RILEY, P.J., and D.E. HOLBROOK, JR., and M.J. KELLY, JJ.

D.E. HOLBROOK, JR., J.

Defendant was convicted by a jury of first-degree felony murder, MCL 750.316; MSA 28.548, committed in the course of a larceny and felony-firearm, MCL 750.227b; MSA 28.424(2). Thereafter sentenced to a mandatory life term for the felony-murder conviction plus two years for the felony-firearm conviction, defendant appeals as of right.

Defendant first claims that the trial court erred in instructing the jury that malice necessary to find...

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