People v. Pouncey

The people charged defendant with first-degree murder. MCL 750.316; MSA 28.548. Following trial, a jury convicted him of second-degree murder and of possession of a firearm during the commission of a felony. MCL 750.317; MSA 28.549, MCL 750.227b; MSA 28.424(2). The trial judge sentenced him to ten to fifteen years for the murder conviction and two years for the felony-firearm. Defendant appeals as of right. We reverse and remand for a new trial.

This case arises from a shooting incident which occurred on May 4, 1987, at approximately 11:00 a.m. The day before the incident, defendant caught…