PEOPLE v. SILER

Docket No. 97898.

171 Mich. App. 246 (1988)

429 N.W.2d 865

PEOPLE v. SILER

Michigan Court of Appeals.

Decided September 7, 1988.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William A. Forsyth, Prosecuting Attorney, Timothy K. McMorrow, Chief Appellate Attorney, and Carol K. Bucher, Assistant Prosecuting Attorney, for the people.

Howard & Quinn, P.C. (by Michael B. Quinn), for defendant.

Before: WEAVER, P.J., and DOCTOROFF and M.F. SAPALA, JJ.


DOCTOROFF, J.

Following a jury trial, defendant was convicted of second-degree murder, MCL 750.317; MSA 28.549, and was sentenced to a prison term of fifteen to thirty years. He appeals as of right. We affirm.

At the preliminary examination, the prosecutor introduced a tape made when the victim, Gordon Darwin, called the emergency 911 number for an ambulance. Defendant objected, claiming hearsay. The district court admitted the tape as a dying declaration...

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