Opinion
Docket No. 10326.
Decided November 30, 1971. Leave to appeal denied, 387 Mich. 800.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Robert A. Reuther, Assistant Prosecuting Attorney, for the people.
Sheridan V. Holzman, for defendant on appeal.
Before: V.J. BRENNAN, P.J., and J.H. GILLIS and O'HARA, JJ.
Defendant was tried before a jury and convicted of the crime of first-degree murder.
MCLA § 750.316 (Stat Ann 1971 Cum Supp § 28.548).
On appeal defendant alleges that evidence found in a back bedroom was obtained in an unreasonable search and seizure in violation of the Fourth Amendment to the United States Constitution. Additionally, defendant contends that there was insufficient evidence of premeditation and deliberation to warrant a conviction of first-degree murder. Some of the seized evidence was given to the police by the defendant's sister with whom he lived, and others were obtained by the police from premises not under the exclusive control of the defendant. Compare Burdeau v. McDowell (1921), 256 U.S. 465 ( 41 S Ct 574, 65 L Ed 1048); Berger v. New York (1967), 388 U.S. 41 ( 87 S Ct 1873, 18 L Ed 2d 1040); People v. Joshua (1971), 32 Mich. App. 581.
A review of the record herein reveals ample evidence from which wilfulness, deliberation, and premeditation may be logically inferred. See People v. Bauman (1952), 332 Mich. 198; People v. Case (1967), 7 Mich. App. 217.
Affirmed.