People v. Jones

This case has been before us on another occasion. The defendant’s conviction for first degree murder was reversed and he was granted a new trial. People v Jones, 32 Mich App 309 (1971). Mr. Jones was retried and convicted of murder in the second degree. Motions in the trial court for a new trial and judgment notwithstanding the verdict were denied. The defendant appeals by right.

The facts of the case are simple and are detailed in the prior opinion.

Defendant first cites as error the trial court’s refusal to instruct on the lesser included offense of reckless use of firearms. Reckless use of…