PEOPLE v. RHINEHART

Docket Nos. 23013, 23533.

70 Mich. App. 390 (1976)

245 N.W.2d 763

PEOPLE v. RHINEHART PEOPLE v. PENTE

Michigan Court of Appeals.

Decided August 3, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Raymond P. Walsh, Assistant Prosecuting Attorney, for the people.

Carl Ziemba, for defendant Rhinehart.

Ellen C. Wallaert, for defendant Pente on appeal.

Before: BASHARA, P.J., and N.J. KAUFMAN, and D.F. WALSH, JJ.


Leave to appeal applied for.

BASHARA, P.J.

We adopt the facts from the dissenting opinion and concur that defendant Rhinehart's conviction must be reversed because the trial judge erroneously submitted the issue of entrapment to the jury.

However, we disagree that the conviction of defendant Pente should be reversed. Although Pente had initially requested an instruction on duress, the trial judge indicated on the record that the attorneys and the court...

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