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Retrial For Love Denied By Breakey

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Defense Attorney Says He Plans To Appeal To Supreme Court

Circuit Judge James R. Breakey, jr., yesterday denied a retrial motion for convicted murderer Ivan Love. His attorney immediately indicated he would appeal to the State Supreme Court.

Love is now serving a life term at hard labor in Southern Michigan Prison near Jackson for the April 1 rifle slaying of his 37-year-old landlady, Mrs. Zella McConnell.

Defense Attorney Louis Colombo, jr., yesterday presented a 19-point motion for a new trial, listing several “errors” which he charged the court and the prosecution made in the case.

Errors Charged

He charged that Judge Breakey “erred” in permitting Chief Assistant Prosecutor Edmond DeVine to question Love concerning details of two previous convictions on assault and battery charges.

Judge Breakey, in denying the motion, pointed that Colombo, in conducting the defense, had gone into many details of Love’s past life before the murder.

This, the judge maintained, gave the prosecution the right to question Love about his previous criminal record.

Hearing Dec. 12

After the motion was denied, Colombo handed DeVine formal notice of his intent to appeal the decision. A hearing was set for noon on Dec. 12 on his motion for leave to appeal.

Love was convicted of first degree murder on Sept. 24 by a Circuit Court jury. He had pleaded temporary insanity in the shooting of Mrs. McConnell, whose bullet-riddled body was found in her Lexington Rd. home (just of Plymouth Rd.) the night of April 1.