People v. Lewis

Main and Yesawich, Jr., JJ.,

dissent and vote to reverse in the following memorandum by Yesawich, Jr., J. Yesawich, Jr., J. (dissenting). The People have established that Lynn May Bailey was murdered sometime between 10:00 p.m. on September 10,1981 and September 13,1981, but it has not been proven to a certainty that defendant played a role in her drowning death by, as the indictment charges, “binding, gagging and restraining her and placing her *671in a body of water”. When they parted on September 10, 1981, for approximately the tenth time, she packed some of her belongings in a vinyl mattress…