People v. Burton

Harvey Burton pled guilty to second-degree murder. The Court of Appeals granted a motion to affirm.

Burton was held on an "open” charge of murder. He waived preliminary examination and an "open” charge information was filed. It appeared to this Court that Burton might have been overcharged and his plea of guilty offered under the constraint of an unwarranted first-degree murder charge. We remanded to the district court for the holding of a preliminary examination to determine whether there was probable cause to find that the crime of first-degree murder was committed and that the defendant…