People v. Miller

D. E. Holbrook, Jr., J.

Defendant was originally charged with first-degree murder arising out of the shooting death of one Mary Juanita Cloyd. MCLA 750.316; MSA 28.548. Pursuant to court order the information was subsequently amended to charge murder in the second degree. Defendant was tried by a jury and convicted of the amended charge. Sentenced to imprisonment for a term of not less than 25 nor more than 40 years, defendant appeals as of right.

Prior to the shooting defendant and decedent had been lovers, having lived together in decedent’s apartment from July of 1972 to April of 1973, when…