People v. Lem Dumas

Defendant was convicted by a jury of second-degree murder and from this he appeals. CL 1948, § 750.317 (Stat Ann 1954 Rev § 28.549). He contends that the trial court erred in allowing the jury to consider first- and second-degree mnrder as possible verdicts, and also, that the instruction as to second-degree murder was incorrect.

Defendant contends that there was no direct evidence produced at trial to sustain a verdict of either first- or second-degree murder. We disagree.

Deliberation and premeditation, which would have been necessary to prove first-degree murder, could have been inferred…