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PEOPLE v. BURKS

Docket No. 6241.

30 Mich. App. 102 (1971)

186 N.W.2d 18

PEOPLE v. BURKS

Michigan Court of Appeals.

Leave to appeal granted June 3, 1971.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

Arthur J. Tarnow (State Appellate Defender), for defendant on appeal.

Before: DANHOF, P.J., and HOLBROOK and VANDER WAL, JJ.

Leave to appeal granted June 3, 1971. 385 Mich. 752.

PER CURIAM.

The defendant was tried on a charge of second-degree murder MCLA § 750.317 (Stat Ann 1954 Rev § 28.549), and found guilty by a jury of manslaughter MCLA § 750.321 (Stat Ann 1954 Rev § 28.553). On appeal, he seeks a new trial on two grounds, one based on the recanting affidavits of two witnesses for the prosecution and the other on the statements of five other persons that...

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