People v. Griffin

310 N.W.2d 829, 108 Mich. App. 625

Opinions

Bashara, J.

The majority concurs with the reasoning and result reached by Judge Bronson’s holding that the trial court’s instruction to the jury as to the issue of malice was erroneous and requires reversal. People v Richardson, 409 Mich 126, 142-146; 293 NW2d 332 (1980), People v Wright, 408 Mich 1, 18-23; 289 NW2d 1 (1980).

However, we specifically reject the balance of the dissenting opinion, both as to rationale and result. For the benefit of the trial judge on retrial, our review leads us to the conclusion that his instructions on specific intent elements of first-degree murder and assault with intent to murder were proper. We further find that the evidence adduced could lead a finder of fact to conclude that first-degree murder was committed.

Reversed and remanded to the trial court for retrial on the original charge, at the discretion of the prosecutor.

V. J. Brennan, P.J., concurred.