People v. Allensworth

A jury convicted defendant and two others of the 1971 first-degree felony murder of William Thigpen, Jr., in the City of Detroit. After the Court of Appeals affirmed defendant’s conviction in People v Herbert Brown, 45 Mich App 505; 206 NW2d 730 (1973), defendant asked the Court to consider by a delayed appeal the issue whether the trial court reversibly erred in instructing the jury that the parties had agreed that the victim died during the perpetration, or at*69tempted perpetration, of a robbery and that first-degree felony murder as a matter of law had been proved. The Court of Appeals held…