People v. Benberry

T. M. Burns,

P. J. On August 25,1967, defendant called the Detroit police. He told them that he had shot and killed a Mr. Bennie McCormick by mistake. The defendant stated that while he was visiting at the flat of a Mr. Edward Prince, he heard footsteps on the back stairs. The defendant said that he thought a burglar might be trying* to break in, as the flat was on the second floor and since it was about 5 a.m. He further stated that with that in mind, he mistakenly shot and killed his friend, Bennie McCormick, as he opened the apartment door.

Defendant was taken to police headquarters. After…