People v. Terrien

Michigan Court of Appeals

People v. Terrien

286 N.W.2d 924, 93 Mich. App. 802, 1979 Mich. App. LEXIS 2488

CourtMichigan Court of Appeals

DecidedNovember 20, 1979

DocketDocket No. 78-5394

StatusPublished

Cited by1 cases

This text of 286 N.W.2d 924 (People v. Terrien) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Terrien, 286 N.W.2d 924, 93 Mich. App. 802, 1979 Mich. App. LEXIS 2488 (Mich. Ct. App. 1979).

Pincite

Opinions

Bashara, J.

The majority adopts the factual findings of the dissenting opinion. However, it appears to us that the instruction in question was neither unfair nor reversible error.

We view the instruction as an impartial statement cautioning the jury to ignore the matter of Breathalyzer tests. Without some further factual basis, we do not presume that the jury disregarded the instruction. See People v Bernard Smith, 81 Mich App 561, 566; 266 NW2d 40 (1978), rev’d on other grounds, 406 Mich 926; 277 NW2d 506 (1979).

Affirmed.

Allen, P.J., concurred.

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