People v. Ernest Edwards

I concur except as to the remand for resentencing. Entirely apart from the sense that we are out of perspective in holding that a convicted murderer cannot be sentenced by the judge before whom he was tried because that judge had knowledge of the murder’s juvenile misdeeds, I cannot accept the construction given MCLA 712A.23, MSA 27.3178 (598.23) by People v McFarlin, 41 Mich App 116 (1972), and McFarlin’s progeny. The statute provides:

"A disposition of any child under this chapter, or any evidence given in such case, shall not in any civil, criminal or any other cause or proceeding whatever…