PEOPLE v. MAYBERRY

Docket No. 8,079.

25 Mich. App. 677 (1970)

181 N.W.2d 616

PEOPLE v. MAYBERRY

Michigan Court of Appeals.

Decided August 3, 1970.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief Appellate Lawyer, and Robert A. Reuther, Assistant Prosecuting Attorney, for the people.

Jane Kerr Burgess, for defendant on appeal.

BEFORE: LESINSKI, C.J., and HOLBROOK and T.M. BURNS, JJ.


PER CURIAM:

Defendant, John Mayberry, was convicted in a jury trial of rape-murder. MCLA § 750.316 (Stat Ann 1954 Rev § 28.548). His defense was intoxication and he claims on appeal that the instructions to the jury regarding his defense were inadequate and prejudicial.

The requested instructions regarding burden of proof as to intoxication and the finding of intent on the part of defendant were covered in the instructions in the words of the trial...

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