MICHAEL J. KELLY, J.
Following a jury trial, defendant was convicted of second-degree murder, MCL 750.317; MSA 28.549. Defendant had originally been charged with open murder, MCL 767.71; MSA 28.1011. He was sentenced to twenty-five to fifty years' imprisonment. Defendant appeals as of right, and we reverse.
The incident leading to defendant's conviction occurred during the late evening hours of September 7, 1990, in the City of Roseville. On that date, defendant...
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