Appeal from Recorder's Court of Detroit, John Murphy, J.
Leave to appeal denied, 397 Mich 842.
Bashara, P. J., and N. J. Kaufman and D. F. Walsh, JJ.
1. Homicide -- First-Degree Murder -- Second-Degree Murder -- Amended Information -- Reduction of Charge -- Preliminary Examination -- Waiver.
A defense motion at trial that a new preliminary examination be held on grounds that defendant had just recently learned that the information had been amended from a charge of first-degree murder to one of second degree was properly denied where defense counsel had actively sought the reduction in the charge and the record reflected a waiver of any objection to the proposed amendment at the beginning of the trial.
2. Homicide -- First-Degree Murder -- Second-Degree Murder -- Included Offenses -- Notice to Accused.
A charge of first-degree murder ipso facto apprises the accused that he must defend against the lesser included offense of second-degree murder as well.
3. Searches and Seizures -- Plain View -- Police -- Evidence.
Seizure of objects within the plain view of a police officer who is lawfully in a place where he has a right to be is not proscribed by the Federal or state constitutions, and objects so seized are therefore admissible in evidence (US Const, Am IV, Const 1963, art 1, § 11).
4. Evidence -- Relevance -- Judges -- Discretion -- Appellate Review.
The relevance of proffered evidence is a discretionary determination for the trial Judge; an appellate court should refrain from disturbing such determination absent a clear abuse of discretion.
5. -- Evidence -- Identification -- Independent Basis -- Suggestiveness.
An in-court identification which had a basis independent of an allegedly impermissibly suggestive pre-custody photographic showup was properly admitted in evidence.
6. Witnesses -- -- Expert Witnesses -- Ballistics Testimony -- Destruction of Evidence -- Right of Cross-Examination.
The nonproduction of physical evidence which is the subject matter of testimony given by a government expert witness is not in itself a denial of a defendant's right to confront witnesses; the admissibility of expert testimony on ballistics test results was not affected by the accidental destruction of the slugs involved where the government's expert was available for cross-examination and defendant was given the opportunity to probe the authenticity and accuracy of the sources relied upon by the expert.
7. -- Motions -- Plea of Guilty -- Withdrawal of Plea -- Rehearings.
A trial Judge is not required to conduct a second hearing relitigating matters which have been properly ruled on by the examining magistrate.
8. Homicide -- Instructions to Jury -- Aiding and Abetting -- Evidence -- Felony Murder.
There was no error in reading the aiding and abetting statute to a jury in a murder trial in which the prosecution has asserted that the defendant himself committed the homicide where evidence was admitted at trial ...