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PEOPLE v. EVANS

Docket No. 5735.

30 Mich. App. 361 (1971)

186 N.W.2d 365

PEOPLE v. EVANS

Michigan Court of Appeals.

Leave to appeal denied June 17, 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.

Carl Levin (Defenders' Office — Legal Aid and Defender Association of Detroit), for defendant on appeal.

Before: LESINSKI, C.J., and J.H. GILLIS and DANHOF, JJ.

Leave to appeal denied June 17, 1971. 385 Mich. 756.

DANHOF, J.

Virgil Lee Evans was convicted by a jury of first-degree murder committed during a grocery-store robbery that occurred on October 2, 1967, MCLA § 750.316 (Stat Ann 1954 Rev § 28.548). He has appealed alleging several errors.

Initially, he asserts that it was error for the trial court to refuse to instruct the jury that his codefendant, Richard Tanner, had pled guilty to manslaughter...

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