People v. Smock

This writer respectfully disagrees with the majority opinion in this case, because this writer believes certain issues have been improperly framed and improperly answered, and because certain unwarranted findings of fact have been made for the first time on this appeal.

Certain facts, left out of the majority opinion, should be added. On the afternoon of February 17, 1974 three men were leaving the construction site of the high school near the Village of Roscommon, Michigan. One of the men, a Mr. McDonald, had had some work to attend to at the site and had been accompanied there by his son and…