People v. Watson

Decision Date27 May 1976
Docket NumberDocket No. 56150
Citation396 Mich. 870,291 N.W.2d 923
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Joe Eddy WATSON, Defendant-Appellant. 396 Mich. 870, 291 N.W.2d 923
CourtMichigan Supreme Court
ORDER

On order of the Court, defendant-appellant's delayed application for leave to appeal, having been ordered held in abeyance pending decision in People v. Jenkins, 395 Mich. 440, 236 N.W.2d 503 (Docket No. 54676) and People v. Fuller, 395 Mich. 451, 236 N.W.2d 58 (Docket No. 54738), and said decisions having been issued on December 18, 1975,

The delayed application for leave to appeal is considered, and pursuant to GCR 1963, 853.2(4), this matter is remanded to the Recorder's Court for the City of Detroit for entry of a judgment of conviction of the lesser included offense of second-degree murder and for resentencing. If the Prosecuting Attorney is persuaded that the ends of justice would better be served, upon notification to the trial court before resentencing, the trial court shall vacate the judgment and conviction and grant a new trial on the charge that defendant committed the crime of first-degree murder. People v. Jenkins, 395 Mich. 440, 236 N.W.2d 503 (1975); People v. Ora T. Jones, 395 Mich. 379, 236 N.W.2d 461 (1975); People v. Henry, 395 Mich. 367, 236 N.W.2d 489 (1975); People v. Carter, 395 Mich. 434, 236 N.W.2d 500 (1975); People v. Paul, 395 Mich. 444, 236 N.W.2d 486 (1975).

It is further ORDERED, that the motion for peremptory reversal, motion to strike appellant's brief in support of delayed application for leave to appeal, or alternatively to strike issued I, VI, VII, VIII, and IX, and the motion for immediate consideration are hereby DENIED as moot.

Opinion below: 52 Mich.App. 211, 217 N.W.2d 121.

To continue reading

Request your trial
7 cases
  • People v. Crawl
    • United States
    • Michigan Supreme Court
    • 29 Agosto 1977
    ...(1976); People v. Archie Smith, 396 Mich. 825, 238 N.W.2d 536 (1976); People v. Aaron, 396 Mich. 843, 239 N.W.2d 602 (1976); People v. Watson, 396 Mich. 870 (1976); People v. Delvin Jones, 397 Mich. 871 (1976); cf. People v. Herbert Smith, 396 Mich. 362, 240 N.W.2d 245 (1976).3 A third man,......
  • People v. Gwinn
    • United States
    • Court of Appeal of Michigan — District of US
    • 26 Enero 1982
    ...chooses to do so in an exercise of its discretion. People v. Watson, 52 Mich.App. 211, 217 N.W.2d 121 (1974), rev'd on other grounds, 396 Mich. 870 (1976); People ex rel. Ingham County Prosecutor v. East Lansing Municipal Judge, 42 Mich.App. 32, 201 N.W.2d 318 (1972). This rule is the same ......
  • People v. Kamin
    • United States
    • Michigan Supreme Court
    • 1 Diciembre 1977
    ...360 (1976); People v. Smith, 396 Mich. 825, 238 N.W.2d 536 (1976); People v. Aaron, 396 Mich. 843, 239 N.W.2d 602 (1976); People v. Watson, 396 Mich. 870 (1976); People v. Jones, 397 Mich. 871 (1976). Moreover, in People v. Jenkins, 395 Mich. 440, 236 N.W.2d 503 (1975), a companion case rel......
  • People v. Bryant
    • United States
    • Court of Appeal of Michigan — District of US
    • 4 Enero 1978
    ...360 (1976); People v. Smith, 396 Mich. 825, 238 N.W.2d 536 (1976); People v. Aaron, 396 Mich. 843, 239 N.W.2d 602 (1976); People v. Watson, 396 Mich. 870 (1976); People v. Jones, 397 Mich. 871 (1976). The Court of Appeals has split on the issue, with some panels deciding that the acts, if n......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT