PEOPLE v. GODSEY

Docket No. 16438.

54 Mich. App. 316 (1974)

220 N.W.2d 801

PEOPLE v. GODSEY

Michigan Court of Appeals.

Decided July 22, 1974.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Thaddeus F. Hamera, Chief Appellate Lawyer, and Don L. Milbourn, Assistant Prosecuting Attorney, for the people.

James R. McMaster, for defendant on appeal.

Before: McGREGOR, P.J., and R.B. BURNS and R.L. SMITH, JJ.


McGREGOR, P.J.

In his dissenting opinion, Judge SMITH has accurately set forth the operative facts and, in our view, correctly resolved all issues raised by defendant save one. We will, therefore, limit our discussion to the one point with respect to which our views differ from those expressed by Judge SMITH, to wit:

Whether the trial court erred in failing sua sponte to instruct the jury that the defendant...

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