PEOPLE v. ST CYR

No. 10 May Term 1974, Docket No. 54,748.

392 Mich. 605 (1974)

221 N.W.2d 389

PEOPLE v. ST CYR

Supreme Court of Michigan.

Decided September 6, 1974.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and F. Hubert Mather, Prosecuting Attorney (Prosecuting Attorneys Appellate Service [Howard C. Marderosian, Acting Director, and William P. Weiner, Special Assistant Attorney General]), for the people.

Wisti & Jaaskelainen, for defendant.


J.W. FITZGERALD, J.

Defendant was tried by jury and convicted of first-degree murder, a violation of MCLA 750.316; MSA 28.548. The Court of Appeals affirmed defendant's conviction in an unpublished per curiam opinion.

While defendant raises a number of issues on appeal, we choose to discuss only one, dealing with instruction of the jury by the trial court. We find that improper instruction of the jury requires reversal and remand for new trial.

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