People v. Bufkin

Defendants Andrew Carter and Andrew Bufkin, having been charged with first-degree murder resulting from an attempted robbery, MCLA 750.316; MSA 28.548, were convicted by a jury of second-degree murder, MCLA 750.317; MSA 28.549. Each defendant appeals as of right.

The uncontradicted testimony at the trial indicated that Edward Koc, an insurance agent, was approached by a single armed assailant who shot and killed him. The assailant escaped in a car driven by another party who was waiting nearby. The people’s theory upon which they tried the case was that the killing had resulted from an…