People v. Johnson

Johnson was bound over on a charge of open murder and convicted of second-degree murder.

At the conclusion of the preliminary examination, the magistrate declined to find whether there was sufficient evidence to bind Johnson over on a charge of first-degree murder and stated that it was sufficient that the killing was committed with malice aforethought and that Johnson would be bound over on a charge of open murder.

The magistrate reviewed the testimony concerning whether there was sufficient evidence of pre*121meditation and deliberation. He quoted from People v Spalla, 83 Mich App 661, 665; 269…