People v. Lewis

Defendant was convicted by a jury of one count of second-degree murder, MCL 750.317; MSA 28.549. He appeals and we affirm.

It was alleged that the defendant came into the school room where the decedent was teaching, spoke briefly with her, and then shot her in the presence of the students in the room. Defendant asserts that the magistrate abused his discretion in binding defendant over on the charge of first-degree murder because there was no evidence of premeditation or deliberation.

Evidence was offered at the preliminary examination that defendant was carrying a gun when he went to the…