People v. Deneweth

Michigan Court of Appeals

People v. Deneweth

165 N.W.2d 910, 14 Mich. App. 604

Michigan Court of Appeals·Decided March 25, 1985·No. Docket 3,085·Published·Cited by 17 cases

Opinions

[606]*606Quinn, J.

Defendant was tried on a charge of first-degree murder. MCLA § 750.316 (Stat Ann 1954 Rev § 28.548). Defendant introduced evidence to establish his insanity at the time the offense was committed. He was convicted of second-degree murder. MCLA § 750.317 (Stat Ann 1954 Rev § 28.549). His appeal questions the propriety of the trial court instructing the jury that it could not bring in a verdict of not guilty.

The instruction complained of constitutes reversible error. People v. Woody (1968), 380 Mich 332.

This determination obviates discussion of the other point raised on appeal.

Reversed and remanded for new trial, at which the charge of first-degree murder shall be eliminated.

J. H. Gillis, J., concurred with Quinn, J.

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[606]*606Quinn, J.

Defendant was tried on a charge of first-degree murder. MCLA § 750.316 (Stat Ann 1954 Rev § 28.548). Defendant introduced evidence to establish his insanity at the time the offense was committed. He was convicted of second-degree murder. MCLA § 750.317 (Stat Ann 1954 Rev § 28.549). His appeal questions the propriety of the trial court instructing the jury that it could not bring in a verdict of not guilty.

The instruction complained of constitutes reversible error. People v. Woody (1968), 380 Mich 332.

This determination obviates discussion of the other point raised on appeal.

Reversed and remanded for new trial, at which the charge of first-degree murder shall be eliminated.

J. H. Gillis, J., concurred with Quinn, J.

People v. Deneweth, 165 N.W.2d 910, 14 Mich. App. 604 (Mich. Ct. App. 1985).

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