People v. King

288 N.W.2d 377, 94 Mich. App. 53, 1979 Mich. App. LEXIS 2502

Opinions

D. C. Riley, J.

We adopt the facts as set forth in Judge Kaufman’s dissenting opinion and agree that there was sufficient evidence presented at the preliminary examination to bind defendant over on a charge of murder and, at trial, to convict defendant of that charge.

However, we part company with his dissent on the issue of the court’s instruction on felony-murder. Under the facts of this case, reversal is mandated. See People v Wilder, 82 Mich App 358; 266 NW2d 847 (1978), People v Till, 80 Mich App 16; 263 NW2d 586 (1977), People v Fountain, 71 Mich App 491; 248 NW2d 589 (1976).

Reversed and remanded for a new trial.

J. X. Theiler, J., concurred.