People v. Secrest

Following a jury trial, defendant was convicted of first-degree murder contrary to MCL 750.316; MSA 28.548, assault with intent to commit murder contrary to MCL 750.83; MSA 28.278, and possession of a firearm during the commission of a felony contrary to MCL 750.227b; MSA 28.424(2). Thereafter, defense counsel moved for a new trial on the theory that the seizure of two photographs of defendant which were admitted into evidence at trial was in violation of defendant’s constitutional rights. The motion was granted. The trial court denied the prosecution’s motion for reconsideration. From this…