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  5. 581 N.W.2d 229 (1998)
 

PEOPLE v. GRAVES

Docket No. 110296, Calendar No. 5.

581 N.W.2d 229 (1998)

458 Mich. 476

PEOPLE of the State of Michigan, Plaintiff-Appellant, Cross-Appellee, v. Ronald K. GRAVES, Jr., Defendant-Appellee, Cross-Appellant.

Supreme Court of Michigan.

Decided July 30, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, David Gorcyca, Prosecuting Attorney, Robert C. Williams, Acting Chief, Appellate Division, and Kathryn G. Barnes, Assistant Prosecuting Attorney, Pontiac, for People.

State Appellate Defender (by Ralph C. Simpson and Rubina S. Mustafa), Detroit, for defendant.

Norman W. Donker, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training and Appeals, Midland, amicus curiae, for Prosecuting Attorneys Association of Michigan.

Opinion

TAYLOR, Justice.

Defendant Graves was charged with first-degree murder on the basis of the fatal shooting of Frank Stephens. At the close of the prosecution's case, defense counsel moved for a directed verdict of acquittal regarding the first-degree murder charge. The trial court denied the motion and instructed the jury that it could find defendant guilty of first-degree murder, second-degree murder, or voluntary manslaughter, or not guilty. The...

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