PEOPLE v. BAILEY

Docket No. 73210.

142 Mich. App. 571 (1985)

370 N.W.2d 628

PEOPLE v. BAILEY

Michigan Court of Appeals.

Decided May 7, 1985.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Rosemary A. Gordon, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Rolf E. Berg), for defendant on appeal.

Before: GRIBBS, P.J., and MacKENZIE and H.R. GAGE, JJ.


PER CURIAM.

Defendant was charged with second-degree murder in the beating death of his girlfriend. Following a bench trial, defendant was found guilty of voluntary manslaughter, but mentally ill, MCL 750.321; MSA 28.553 and MCL 768.36; MSA 28.1059. Defendant appeals as of right.

Defendant first argues that the prosecutor did not introduce sufficient evidence to rebut defendant's assertion that, due to his mental retardation, he was not criminally responsible...

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