PEOPLE v. LUTHER

Docket No. 56034, (Calendar No. 10).

394 Mich. 619 (1975)

232 N.W.2d 184

PEOPLE v. LUTHER

Supreme Court of Michigan.

Decided August 20, 1975.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Bruce A. Barton, Prosecuting Attorney, and James M. Justin, Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Norris J. Thomas, Jr. and Sharon Sloan), for defendant on appeal.


L.B. LINDEMER, J.

Defendant was convicted after a jury trial of prison escape. MCLA 750.193; MSA 28.390. His conviction was overturned by the Court of Appeals on the basis of an erroneous jury instruction as to his defense of duress. We agree that the charge was reversibly erroneous and affirm the Court of Appeals.

At trial defendant did not question the lawfulness of his incarceration nor did he claim that his departure was authorized by prison officials...

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