People v. Germain

On October 6, 1977, defendant was convicted by a jury of first-degree murder, contrary to MCL 750.316; MSA 28.548, in the shooting death of his girlfriend. He was sentenced to life imprisonment, appeals by right, and poses four allegations of error, two of which contain merit.

The background facts as pertinent to the issues on appeal reveal that on the evening of March 25, 1977, Lt. Robert Clary of the Sault Ste. Marie police department received a call at headquarters around 11:43 p.m. from a male identifying himself as Ed Germain. The caller asserted that he had just shot someone in his…