People v. Milton, 61174
| Decision Date | 19 July 1978 |
| Docket Number | No. 61174,61174 |
| Citation | 282 N.W.2d 926,403 Mich. 821 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Herbert Earl MILTON, Defendant-Appellee. 403 Mich. 821, 282 N.W.2d 926 |
| Court | Michigan Supreme Court |
On order of the Court, the plaintiff's application for leave to appeal is considered, and in lieu of leave to appeal, pursuant to GCR 1963, 853.2(4), we amend the judgment order of the Court of Appeals so as to REMAND the case to Recorder's Court for the City of Detroit for entry of a judgment of conviction of the offense of second degree murder and for resentencing. If the prosecution is persuaded that the ends of justice would better be served by a retrial on the charge of first degree murder, on 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 the defendant committed the crime of first degree murder.
The defendant's application for leave to cross-appeal is considered, and it is DENIED, because the Court is not persuaded that the questions presented should be reviewed by this Court.
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