People v. Turner

This is an appeal of right from a jury conviction of second-degree murder, MCLA 750.317; MSA 28.549.

Defendant first complains that the trial court relied on testimony contained in the preliminary examination transcript to deny a defense motion for a directed verdict. He urges application of the Ramsey 1 doctrine. Ramsey is inapposite. Ramsey and its progeny only prohibit a trial judge from referring to a preliminary examination transcript when he also acts as trier of fact. This case was tried by a jury.

Defendant next contends that the introduction into evidence of prior consistent statements…