People v. Garcia

Defendant pled guilty to murder in the second degree. CL 1948, § 750.317 (Stat Ann 1954 Eev § 28.549). At the plea hearing, defendant testified that he stabbed deceased with a knife, believing deceased to be unarmed, and that he stabbed with the intent to wound. Portions of defendant’s testimony tend to indicate that he was somewhat drunk at the time of the killing and that he and deceased were in a fight. On appeal defendant asserts that the trial court did not make sufficient inquiry into the facts to establish malice and that the trial court should have made inquiry into the possible…