People v. Goecke

After defendant was involved in a fatal automobile accident while allegedly intoxicated, the prosecutor attempted to charge defendant with second-degree murder. MCL 750.317; MSA 28.549. The district court refused to bind defendant over on that charge. The circuit court then granted the prosecution’s motion to amend the information and reinstated the second-degree murder charge. We granted leave to appeal. We reverse.

On November 11, 1993, defendant was involved in a serious automobile accident in the City of Pontiac. Defendant was driving a Pontiac Firebird, which collided with an Oldsmobile…