People v. Milton
| 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 |
ORDER
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...
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8 cases
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People v. Dykhouse
...found guilty of first-degree murder. On the authority of People v. Milton, 81 Mich.App. 515, 265 N.W.2d 397 (1978), modified 403 Mich. 821, 282 N.W.2d 926 (1978), the Court of Appeals agreed with the defendant and reduced his conviction of first-degree murder to second-degree murder. We gra......
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People v. Aaron
...179, 262 N.W.2d 917.7 People v. Aaron, 63 Mich.App. 230, 234 N.W.2d 462 (1975).8 396 Mich. 843 (1976).9 402 Mich. 938 (1978).10 403 Mich. 821 (1978).11 Moreland, Kentucky Homicide Law With Recommendations, 51 Ky.L.J. 59, 82 (1962).12 See, e. g., Crum, Causal Relations and the Felony-Murder ......
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Tackett v. Trierweiler
...indifference to the likelihood of death." People v. Milton , 81 Mich.App. 515, 265 N.W.2d 397, 399, judgment amended , 403 Mich. 821, 282 N.W.2d 926 (1978). "[T]o commit first-degree murder, a person must act with the purpose of causing death." Id. In other words, a " ‘very high risk of dea......
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People v. Lonchar
...murder where the jury was instructed only on felony murder and not required to find malice, the Court granted leave to appeal. 403 Mich. 821 (1978).2 People v. Robert G. Thompson, 81 Mich.App. 348, 265 N.W.2d 632 (1978); People v. Wright, 80 Mich.App. 172, 262 N.W.2d 917 (1977).3 See Admini......
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