Leave to appeal denied, 391 Mich. 783.
O'HARA, J.
Defendant appeals of right his jury conviction of second-degree murder. MCLA 750.317; MSA 28.549.
The meritorious issue on appeal is claimed instructional error. We set forth that portion of the charge defendant contends was reversibly erroneous.
"Now in most cases, there is a third verdict, of course, the verdict of not guilty. I would say, in this regard, that you have heard the defendant...
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