People v. Graves

I would decline to overrule People v Vail, 393 Mich 460; 227 NW2d 535 (1975); therefore, I respectfully dissent.

I agree with the Court of Appeals:

Viewing the evidence in a light most favorable to the prosecution, we find insufficient evidence to establish the elements of premeditation and deliberation. There were no witnesses to the shooting and the weapon was never found. The only direct evidence linking defendant to the shooting was defendant’s confession that, because of fear inspired when the man who had just robbed him at gunpoint turned to again approach defendant’s vehicle, defendant…