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PEOPLE v. WOLFF

No. 7 January Term 1973, Docket No. 53,896.

389 Mich. 398 (1973)

208 N.W.2d 457

PEOPLE v. WOLFF

Supreme Court of Michigan.

Decided June 18, 1973.

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 Leonard Meyers, Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Judith K. Munger, Assistant Appellate Defender), for defendant on appeal.

WILLIAMS, J. (to reverse and remand).

I agree with the reasoning of my Brother T.G. KAVANAGH that the original guilty plea of April 7th was in fact properly "accepted".

But, regardless of whether MCLA 768.35; MSA 28.1058 is or is not mandatory, as my Sister MARY S. COLEMAN holds, its provisions are not satisfied in the instant case. The statute provides that a guilty plea shall be vacated when the trial judge "shall have reason to doubt the truth...

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