People v. Ewing

On January 2, 1976, Ronald Seger was shot and killed in his home near Grass Lake, Michigan. The defendant and one C. J. Green gave statements indicating that Seger’s death occurred during the perpetration of a robbery by them. Defendant was charged on an open count of murder. His first trial ended in a mistrial when the jury was unable to reach a verdict. Defendant was subsequently convicted by a jury of first-degree murder, MCL 750.316; MSA 28.548, on April 28, 1977. Defendant was sentenced to imprisonment for life, and he appeals as of right.

Defendant was arrested at approximately 11 p.m.…