People v. Baugh

We granted the prosecutor’s request for leave to appeal in this case to consider the trial court’s denial of the prosecutor’s motion to amend the charge against defendant from second-degree murder, MCL 750.317; MSA 28.549, to open murder, pursuant to MCL 750.316; MSA 28.548 and MCL 767.71; MSA 28.1011. We hold that the district court erred in concluding that a grand jury indictment of defendant on first-degree premeditated murder prevented it from binding defendant over on a charge of open murder. This case arises out of the prosecutor’s allegations that defendant shot and killed the victim…