PEOPLE v. ELAUIM, 393 Mich. 601 (1975)

227 N.W.2d 553

Docket No. 55377.Supreme Court of Michigan.Argued January 9, 1975 (Calendar No. 13).
Decided April 7, 1975.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Ronald P. Weitzman, Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Norris J. Thomas, Jr.), for defendant on appeal.

PER CURIAM.

This is an appeal from affirmance by the Court of Appeals of defendant’s conviction by a jury of first-degree murder committed in the

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perpetration of a robbery. MCLA 750.316; MSA 28.548. Prior to a decision of this Court, defendant died.

The judgments of the courts below are hereby ordered vacated. It is further ordered that the matter be remanded to the circuit court and that the indictment be dismissed.[1]

T.G. KAVANAGH, C.J., and T.M. KAVANAGH, SWAINSON, WILLIAMS, M.S. COLEMAN, and J.W. FITZGERALD, JJ., CONCURRED.

LEVIN, J., took no part in the decision of this case.

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NOTE: Where possible, a syllabus (headnote), such as this, will be released at the time the opinion is released. This syllabus i not a part of the opinion of the Court but has been written by the Supreme Court Reporter as a summary of the case for the convenience of readers. See United States v Detroit Lumber Company, 200 U.S. 321, 337; 26 S Ct 282; 50 L Ed 499 (1906).