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PEOPLE v. DJORDJEVIC

Docket No. 204847.

584 N.W.2d 610 (1998)

230 Mich. App. 459

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Dragan DJORDJEVIC and Saso Savich, Defendants-Appellees.

Court of Appeals of Michigan.

Decided June 26, 1998, at 9:00 a.m.

Released for Publication September 29, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., John D. O'Hair, Prosecuting Atty., Timothy A. Baughman, Chief of Research, Training, and Appeals, and Carolyn M. Breen, Asst. Prosecuting Atty., for People.

Cornelius Pitts, Detroit, for Dragan Djordjevic.

John F. Royal, Detroit, for Saso Savich.

Before SAWYER, P.J., and BANDSTRA and J.B. SULLIVAN, JJ.

SAWYER, Presiding Judge.

The prosecution appeals by leave granted from an order of the Recorder's Court dismissing second-degree murder charges, M.C.L. § 750.317; M.S.A. § 28.549, against defendants. We reverse and remand.

This case presents a novel question, namely, whether the death of a coconspirator during an arson provides the requisite malice for second-degree murder. The lower court dismissed the charges against defendants, concluding that...

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