People v. Jerry Smith

Defendant, Jerry Wayne Smith, was convicted by a jury of first-degree murder, MCL 750.316; MSA 28.548. Sentenced to life in prison, he appeals as of right.

On April 27, 1978, four men participated in an armed robbery of the Brooks Brothers Food Store in Ypsilanti. Two of the robbers entered the store while two waited outside in separate cars. Four employees — Warren Wilfred Brooks, his brother Thomas Brooks, MaryJo Wayne, and Kenneth Mericle — were in the store when the robbers made their entrance.

In the course of the robbery, Thomas Brooks said, "Go ahead, you son of a bitch, shoot me”, and…