PEOPLE v. LERMA

Docket No. 22783.

66 Mich. App. 566 (1976)

239 N.W.2d 424

PEOPLE v. LERMA

Michigan Court of Appeals.

Decided January 8, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Don L. Milbourn, Chief Appellate Lawyer, and William Alan Dardy, for the people.

George E. Montgomery, for defendant.

Before: McGREGOR, P.J., and T.M. BURNS and N.J. KAUFMAN, JJ.


Leave to appeal denied, 396 Mich. 848.

McGREGOR, P.J.

Defendant, Lawrence Lerma, was convicted by a jury of taking possession and driving away a motor vehicle, contrary to MCLA 750.413; MSA 28.645.1 Defendant now appeals that conviction as a matter of right.

During trial, the defendant attempted to establish a defense based upon intoxication. However, the trial court, in its charge to the jury, precluded intoxication as...

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