People v. Desimone

Defendant was convicted of murder in the first degree and prosecutes' review by writ of error.

Defendant is an Italian, and, at the city of Grand Rapids, on May 30, 1927, shot and killed Cicero Vitale, another Italian. Some time later defendant was arrested in New York City, and there made two statements in writing relative to the shooting, one of which was in evidence at the trial.

In his closing argument to the jury the prosecuting attorney stated:

“The testimony in this case is clear that the respondent deliberately and premeditatedly went out and armed- himself, as appears by the statement…