People v. Hansma

Defendant allegedly shot to death one John Bowler, a service station attendant, when Bowler resisted defendant’s attempted robbery. Defendant was brought to trial and the jury instructed on felony (first-degree) murder, MCL 750.316; MSA 28.548, and second-degree murder, MCL 750.317; MSA 28.549. The jury’s verdict was "guilty as charged”. Defense counsel, the prosecutor and the court all interpreted this verdict as guilty of first-degree murder. Defendant was subsequently sentenced to life imprisonment. He appeals by right.

I

Defense counsel, arguing that there was evidence that the killing…