People v. Dupuis

'Defendant appeals from an order denying his motion for new trial which he based on alleged invalidity of the verdict.

The jury returned a verdict finding defendant “guilty as charged”. The information on which he was tried charged that defendant, and others who were codefendants, “feloniously, wilfully and of their malice aforethought, did kill and murder one Alfred Jones, contrary to section 316, of Act 328 of the Public Acts of 1931, as amended.” (CL 1948, § 750.316 [Stat Ann 1954 Rev § 28.548].) Said section 316 provides that “All murder * * * which shall be committed in the perpetration,…