People v. Butcher, 83151

• Decision Date: 03 March 1989
• Docket Number: No. 83151,83151
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael John BUTCHER, Defendant-Appellant. 436 N.W.2d 661
• Court: Michigan Supreme Court

Page 661

436 N.W.2d 661

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael John BUTCHER, Defendant-Appellant.

No. 83151.

436 N.W.2d 661

Supreme Court of Michigan.

March 3, 1989.

ORDER

The Court of Appeals' decision dated April 20, 1988, the Court of Appeals briefs and record, and the trial court record have been considered by the Court, pursuant to a letter request of the defendant under MCR 7.303, to determine whether leave to appeal or other relief should be granted by this Court.

The Court is not persuaded that relief should be granted and it is therefore DENIED.

Levin, Brickley and Archer, JJ., would appoint a lawyer to file an application for leave to appeal on the question whether defendant's conviction should be set aside because the circuit court did not "proceed by examination of witnesses to determine the degree of the crime" as required by Sec. 318 of the Penal Code (M.C.L. Sec. 750.318; M.S.A. Sec. 28.550) where a person indicted for murder "shall be convicted by confession." See People v. Martin, 316 Mich. 669, 26 N.W.2d 558 (1947), and People v. Machus, 321 Mich. 353, 32 N.W.2d 480 (1948).