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PEOPLE v. KELLEY

Docket No. 4,486.

21 Mich. App. 612 (1970)

176 N.W.2d 435

PEOPLE v. KELLEY

Michigan Court of Appeals.

Leave to appeal denied June 16, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Chief Assistant Prosecuting Attorney, for the people.

Luke Quinn and John F. Sopt, for defendant on appeal.

Before: J.H. GILLIS, P.J., and LEVIN and BRONSON, JJ.

Leave to appeal denied June 16, 1970. 383 Mich. 792.

LEVIN, J.

The defendant appeals his conviction of armed robbery.1 We reverse because of instructional error concerning the intoxication defense.

The people's evidence showed that the defendant and George Moore entered a drug store at 8:30 p.m. and held it up using revolvers.

At the trial the defendant testified that...

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