People v. Joeseype Johnson

Following a jury trial and conviction on a charge of second-degree murder, MCLA 750.317; MSA 28.549, the trial court meted out a sentence of life imprisonment, to defendant Joe-seype Johnson. Defendant now appeals raising four claims of error. We reverse on one and refrain from addressing the others since they are unlikely to recur on retrial.

The facts surrounding the death of George Peaks were hotly contested at trial. Undisputed testimony reveals, however, that on August 12, 1974 Mr. Peaks entered the Colonial Theater in Detroit accompanied by a man and two women at approximately 2:30 a.m.…