People v. Harper

Defendant, Willie J. Harper,

was charged with first-degree murder* 1 and, when brought to trial, tendered his counseled plea of guilty to second-degree murder.2 The court conducted an examination as to the degree of murder pursuant to MCLA § 750.318 (Stat Ann 1954 Rev § 28.550), and determined that at most defendant could be guilty of manslaughter.3 Defendant then offered a plea of guilty to manslaughter which the court accepted.

A month later, without defendant having been sentenced, the court set aside the conviction, ruling that the examination under the statute was improper since defendant…