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PEOPLE v. WHALEN

Docket No. 53718.

129 Mich. App. 732 (1983)

342 N.W.2d 917

PEOPLE v. WHALEN

Michigan Court of Appeals.

Decided October 24, 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, Deputy Chief, Civil and Appeals, and Larry L. Roberts, Assistant Prosecuting Attorney, for the people.

Sheldon Halpern, for defendant on appeal.

Before: V.J. BRENNAN, P.J., and M.J. KELLY and J.M. GRAVES, JR., JJ.

J.M. GRAVES, JR., J.

Defendant, Michael Barry Whalen, appeals as of right his conviction of second-degree murder, MCL 750.317; MSA 28.549, alleging numerous errors for our consideration. Defendant was tried before a jury in a joint trial with codefendant Patrick McDonald. McDonald, who had been charged with manslaughter, had waived his right to a jury trial and was acquitted by the trial judge. The first issue raised...

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