People v. Pearson

Defendant was charged with first-degree murder, MCLA § 750.316 (Stat Ann 1954 Rev § 28.548). He pled guilty to an open charge of murder and the court took testimony to determine the degree of homicide. The facts indicate that defendant had been drinking, he put his rifle into his car, drove five or six miles to a tavern, walked in, shot and killed one Rudolph Maurin. The gun was taken from defendant by customers and during the scuffle, he was hit over the head with a whiskey bottle by one of the patrons. Defendant was apprehended at the scene. The trial judge concluded that defendant was…