PEOPLE v. HENRY

Docket No. 8935.

32 Mich. App. 254 (1971)

188 N.W.2d 202

PEOPLE v. HENRY

Michigan Court of Appeals.

Decided March 31, 1971.


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 Department, and Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.

Laurence C. Burgess, for defendant on appeal.

Before: R.B. BURNS, P.J., and J.H. GILLIS and DANHOF, JJ.


Leave to appeal denied, 386 Mich. 763.

PER CURIAM.

After a trial by jury the defendant was convicted of robbery armed, MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797). He now appeals, contending that the trial court erred in refusing to instruct the jury on the defense of insanity.

A person is presumed to be sane. Once the defendant has introduced evidence of insanity however, the prosecution has the burden of proving that he is sane.

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