People v. Djordjevic

The prosecution appeals by leave granted from an order of the Recorder’s Court dismissing second-degree murder charges, MCL 750.317; MSA 28.549, against defendants. We reverse and remand.

This case presents a novel question, namely, whether the death of a coconspirator during an arson provides the requisite malice for second-degree murder. The lower court dismissed the charges against defendants, concluding that there was insufficient evidence to establish the mens rea for second-degree murder. We disagree.

Defendants owned a bar, Slap Shots, in Detroit. The bar was insured against fire loss…