People v. Bergin

This is an appeal from a conviction before a jury for the crime of first-degree murder. CL 1948, § 750.316 (Stat Ann 1954 Rev § 28.548).

The pertinent facts are as follows: during the morning of August 4, 1966, the defendant and two others, Donald Carnes and Benny Pesta, began drinking together. Mr. Pesta was an older man who had received about $87 from his pension checks the previohs day. Shortly before noon, the defendant, Carnes and Pesta were observed driving off in a red convertible. Defendant was driving and Carnes and Pesta were sitting in the rear seat.

About 12:15 the same day, a…