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PEOPLE v. LEWIS

Docket Nos. 93111, 94182.

168 Mich. App. 255 (1988)

423 N.W.2d 637

PEOPLE v. LEWIS PEOPLE v. MALLORY

Michigan Court of Appeals.

Decided May 2, 1988.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of the Criminal Division, Research, Training and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, for the people.

Gerald M. Lorence, for Hughie V. Lewis.

State Appellate Defender (by Chari K. Grove), for Bobby Mallory.

Before: J.H. GILLIS, P.J., and WEAVER and G.S. ALLEN, JJ.

G.S. ALLEN, J.

Upon retrial for the fatal beating and stabbing of O'Dell Cheatham on January 12, 1978, defendants Mallory and Lewis were convicted of the lesser included offense of second-degree murder. A third defendant, Charles Howard, was acquitted. At the first trial, all three defendants were convicted by jury of first-degree felony murder. Those convictions were affirmed by the Court of Appeals,1 but were reversed and a retrial was...

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