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PEOPLE v. SPEARMAN

Docket Nos. 130745, 131895.

195 Mich. App. 434 (1992)

491 N.W.2d 606

PEOPLE v. SPEARMAN PEOPLE v. RUSH

Michigan Court of Appeals.

Decided August 4, 1992, at 9:15 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, Ernest O. Hornung, Assistant Prosecuting Attorney, in Docket No. 130745, and Maria A. Petito, Assistant Prosecuting Attorney, in Docket No. 131895.

John B. Payne, Jr., and Donnie A. Spearman, in propria persona, for Donnie A. Spearman.

Ted C. Farmer, for Dedrea Rush.

Before: FITZGERALD, P.J., and HOOD and J.C. KINGSLEY, JJ.

PER CURIAM.

The charges in this case arose from the shooting death of a pizza delivery man. Defendants Rush and Spearman, both of whom were minors at the time of the crime, were tried together in the circuit court under the automatic waiver law, MCL 600.606; MSA 27A.606. Rush was tried by a jury and Spearman by the court. Rush was charged with first-degree (felony) murder, MCL 750.316; MSA 28.548, possession of a firearm during the commission of a felony, MCL 750...

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