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PEOPLE v. GILLESPIE

Docket No. 17861.

54 Mich. App. 419 (1974)

221 N.W.2d 246

PEOPLE v. GILLESPIE

Michigan Court of Appeals.

Decided July 23, 1974.

Attorney(s) appearing for the Case

Edwin L. Pear, Ann Arbor City Attorney, and John K. Van Loon, Assistant City Attorney, for the people.

Richard B. Ginsberg, Washtenaw County Legal Aid Society, for defendant on appeal.

Before: BRONSON, P.J., and HOLBROOK and O'HARA. JJ.

O'HARA, J.

Defendant appeals his conviction of what has come to be known generally as DUIL. MCLA 257.625; MSA 9.2325.1

The case presents a clear-cut legal issue.

The question is: May a trial judge affirmatively charge that upon uncontradicted proof of the essential elements of the offense charged or the essential elements of one or more of the lesser included offenses under the principal offense that the jury must return...

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