People v. Strutenski
| Decision Date | 29 February 1972 |
| Docket Number | Docket No. 11185,No. 2,2 |
| Citation | 197 N.W.2d 296,39 Mich.App. 72 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James STRUTENSKI, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
David P. Huthwaite, Keeling, Bogue & Huthwaite, Pontiac, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Thomas G. Plunkett, Pros. Atty., for plaintiff-appellee.
Before DANHOF, P.J., and T. M. BURNS and O'HARA, * JJ.
Defendant was convicted by a jury of first-degree murder and sentenced to life imprisonment. M.C.L.A. § 750.316; M.S.A. § 28.548. He appeals alleging error by the circuit court in denying a motion to quash the information because the district judge did not determine the degree of murder at the time defendant was bound over to circuit court.
The record discloses that the defendant was charged with murder in both the warrant and information under the provisions of M.C.L.A. § 767.44; M.S.A. § 28.984 commonly known as statutory short form. Both the warrant and information cited M.C.L.A. § 750.316; M.S.A. § 28.548 and M.C.L.A. § 750.318; M.S.A. § 28.550. The district judge bound the defendant over on a charge of murder. This was correct. The district judge is not, on preliminary examination, required to determine the degree of murder. See Brownell v. People, 38 Mich. 732 (1878); Cargen v. People, 39 Mich. 549 (1878).
The question of the degree of murder was a question for the trier of the facts--in this case the jury. M.C.L.A. § 750.318; M.S.A. § 28.550. People v. Dupuis, 371 Mich. 395, 124 N.W.2d 242 (1963).
An examination of the record discloses no prejudicial error.
Affirmed.
* MICHAEL D. O'HARA, former Supreme Court Justice, sitting on the Court of Appeals by assignment pursuant to Const.1963, art. 6, § 23 as amended in 1968.
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