PEOPLE v. BURTON

Docket No. 55514, (Calendar No. 5).

396 Mich. 238 (1976)

240 N.W.2d 239

PEOPLE v. BURTON

Supreme Court of Michigan.

Decided April 1, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Harvey A. Koselka, Prosecuting Attorney, and Prosecuting Attorneys' Appellate Service (Edward R. Wilson, Director, and Aloysius J. Lynch, Special Assistant Attorney General), for the people.

State Appellate Defender Office (by Steven L. Schwartz and Stuart Israel, Assistant Defenders) for defendant.


LEVIN, J.

Harvey Burton pled guilty to second-degree murder. The Court of Appeals granted a motion to affirm.

Burton was held on an "open" charge of murder. He waived preliminary examination and an "open" charge information was filed. It appeared to this Court that Burton might have been overcharged and his plea of guilty offered under the constraint of an unwarranted first-degree murder charge. We remanded to the district court for the holding of a preliminary...

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