Legal Opinion · Dissent

People v. Germain

Michigan Court of Appeals

Decided July 9, 1979No. Docket 78-172Published

1DissentM. J. Kelly, J.

It would appear that the formidable theses in People v Morrin, 31 Mich App 301; 187 NW2d 434 (1971), lv den 385 Mich 775 (1971), and People v Hoffmeister, 394 Mich 155; 229 NW2d 305 (1975), are still good law,1 and therefore I agree with the majority opinion that a case of first-degree premeditated murder is not made out on this record. While the court has retreated slightly from some of Justice Levin’s views as expressed in Morrin and Hoffmeister in People v Tilley, 405 Mich 38; 273 NW2d 471 (1979), the majority opinion there appears *168grounded on the second look — second thought rationale of…

2Cases cited6 opinions

  1. People v. MorrinMichigan Court of Appeals · 1971
  2. People v. VailMichigan Supreme Court · 1975
  3. People v. HoffmeisterMichigan Supreme Court · 1975
  4. People v. Van WyckMichigan Supreme Court · 1978
  5. People v. TilleyMichigan Supreme Court · 1979

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