(concurring). I concur with the majority, except I cannot accept that People v. Barrows (1959), 358 Mich 267, 277 requires what the majority has herein stated,
*468An examination of this record discloses that the trial court did not abuse its discretion in failing to set aside the guilty plea conviction. At the time of defendant’s arraignment on September 22, 1959, the defendant with the advice and assistance of counsel entered a plea of guilty to second-degree murder. The court ascertained the facts of the crime and was satisfied that the plea was voluntarily and intelligently made as required by Court Rule 35A, now GCR 1963, 785.3(1) and the statute MOLA § 768.35 (Stat Ann 1954 Rev § 28.1058). There was no miscarriage of justice. People v. Dunn (1968), 380 Mich 693; People v. Winegar (1968), 380 Mich 719; People v. Stearns (1968), 380 Mich 704.
Conviction affirmed.