Appeal from Recorder's Court of Detroit, Charles Laster, J.
D. E. Holbrook, P. J., and Bronson and D. C. Riley, JJ.
1. -- Plea of Guilty -- Murder -- Element of Malice -- Jury Inferences -- Facts.
A trial court is not required to specifically establish the element of malice when a defendant charged with first-degree murder is pleading guilty to second-degree murder as long as a jury could have properly inferred malice from the facts presented.
2. -- Plea of Guilty -- Acknowledgments -- Record -- Specific Questions -- Awareness and Approval.
A plea agreement whereby a defendant charged with first-degree murder was allowed to plead guilty to second-degree murder was affirmatively acknowledged on the record as required by court rule where there was a clear acknowledgment by the prosecutor and the defendant's lawyer of the agreement and the defendant himself in response to specific questions indicated his awareness and approval of the agreement (GCR 1963, 785.7).
The opinion of the court was delivered by: Holbrook
Joe L. Jones was convicted, on his plea of guilty, of second-degree murder. Defendant appeals.
Defendant was charged with first-degree murder, MCLA 750.316; MSA 28.548, and thereafter pled guilty on April 2, 1975, to the lesser included offense of second-degree murder, MCLA 750.317; MSA 28.549. Defendant was sentenced on April 29, 1975, to a term of from 20 to 30 years in prison. He appeals as of right and raises two issues for consideration by this Court.
The factual basis which brought forth the charge of first-degree murder, which was disclosed at the arraignment where defendant pled guilty to second-degree murder, is as follows:
"The Court: Tell the court what happened on the 19th of December, 1974 at 7903 South Street in the City of Detroit?
"A. (By Defendant Jones): We had been there drinking pretty heavy and we got in a fight. I threw it on her and struck a match to her.
"The Court: What did you ...