Michigan Court of Appeals September 29, 1998, Docket 204847 (People v. Djordjevic)

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United States · · · 29-09-1998

Sawyer, P.J.

The prosecution appeals by leave granted from an order of the Recorder’s Court dismissing second-degree murder charges, MCL 750.317; MSA 28.549, against defendants. We reverse and remand.

This case presents a novel question, namely, whether the death of a coconspirator during an arson provides the requisite malice for second-degree murder.

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