People v. Webb

Michigan Court of Appeals

People v. Webb

186 N.W.2d 52, 30 Mich. App. 133, 1971 Mich. App. LEXIS 2175

CourtMichigan Court of Appeals

DecidedJanuary 25, 1971

DocketDocket No. 7577

StatusPublished

This text of 186 N.W.2d 52 (People v. Webb) 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. Webb, 186 N.W.2d 52, 30 Mich. App. 133, 1971 Mich. App. LEXIS 2175 (Mich. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

This is an appeal as of right from a jury conviction on a charge of breaking and entering.¹

[134]*134Appellant contends that it was error for the lower court to refuse to give his requested instructions concerning insanity.

A review of the charge given shows that it is consistent with the current Michigan law concerning insanity. People v. Durfee (1886), 62 Mich 487. Appellant is arguing, in effect, for a change in the Michigan law regarding insanity. In People v. Krugman (1966), 377 Mich 559, the Supreme Court refused to consider a change in the insanity test in Michigan and left the Durfee test standing.

This Court has declined before to review the merits of new insanity defenses until the Supreme Court has acted upon the issue. People v. Cole (1967), 8 Mich App 250; People v. Morris (1968), 10 Mich App 526; People v. Markham (1969), 19 Mich App 616; People v. Wright (1970), 25 Mich App 499.

Affirmed.

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Per Curiam.

This is an appeal as of right from a jury conviction on a charge of breaking and entering.¹

[134]*134Appellant contends that it was error for the lower court to refuse to give his requested instructions concerning insanity.

A review of the charge given shows that it is consistent with the current Michigan law concerning insanity. People v. Durfee (1886), 62 Mich 487. Appellant is arguing, in effect, for a change in the Michigan law regarding insanity. In People v. Krugman (1966), 377 Mich 559, the Supreme Court refused to consider a change in the insanity test in Michigan and left the Durfee test standing.

This Court has declined before to review the merits of new insanity defenses until the Supreme Court has acted upon the issue. People v. Cole (1967), 8 Mich App 250; People v. Morris (1968), 10 Mich App 526; People v. Markham (1969), 19 Mich App 616; People v. Wright (1970), 25 Mich App 499.

Affirmed.

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Bluebook (online)

186 N.W.2d 52, 30 Mich. App. 133, 1971 Mich. App. LEXIS 2175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-webb-michctapp-1971.

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