People v. Schinzel

On Remand

J. H. Gillis, J.

The defendant was convicted of second-degree murder, MCL 750.317; MSA 28.549, by a Detroit Recorder’s Court jury on May 23, 1977. He appealed to this Court arguing, inter alia, that the trial court lacked jurisdiction due to the asserted violation of the 180-day rule. MCL 780.131; MSA 28.969(1).

In a 2-to-l opinion, this‘Court reversed the defendant’s conviction and dismissed the charges against him, MCL 780.133; MSA 28.969(3), ruling that more than 180 days had elapsed from the time of the charge to the trial and that the people had not met the burden of establishing…