People v. Gardner

Defendant Henry Gardner’s motion to dismiss the information charging him with first-degree mnrder, MCLA 750.316; MSA 28.548, was denied by the trial court. This Court stayed proceedings in the court below on this charge, and granted defendant leave to appeal the trial court’s denial of his motion.

Defendant was first tried by a jury on this charge along with two other men. At that trial, presided over by Detroit Recorder’s Court Judge Elvin Davenport, defense counsel informed the jury that defendant had been on parole when the killing occurred. Defendant’s parole officer, William Richardson,…