People v. Irwin

On Rehearing

Defendant was found guilty by a jury of first-degree murder pursuant to MCLA 750.316; MSA 28.548. He was sentenced to life imprisonment and appeals. Since the issues raised by the defendant center on procedural aspects of the trial, a detailed recital of the facts surrounding the crime is unnecessary.

1. Does a trial judge who accepts a plea of guilty and thereafter permits a withdrawal of that plea become by reason of taking of the initial guilty plea disqualiñed from presiding at the defendant's subsequent trial and effectively deprive the defendant of his statutory right to…