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PEOPLE v. AUSTIN

Calendar No. 79, Docket No. 49,598.

370 Mich. 12 (1963)

120 N.W.2d 766

PEOPLE v. AUSTIN.

Supreme Court of Michigan.

Decided April 5, 1963.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Eugene Krasicky. Solicitor General, Samuel H. Olsen, Prosecuting Attorney, and Samuel J. Torina, Assistant Prosecuting Attorney, for the people.

John H. Gillis, for defendant Bell.

DETHMERS, J. (dissenting).

The stipulated facts for purposes of this appeal are as follows: The 2 defendants and George Rowe agreed to commit an armed robbery together. While they were attempting to perpetrate it Rowe was shot and killed by the intended robbery victim. Defendants were charged with first-degree murder of Rowe. The examining magistrate bound them over to the recorder's court for the city of Detroit for...

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