PEOPLE v. VanDIVER

Docket No. 30581.

79 Mich. App. 539 (1977)

261 N.W.2d 78

PEOPLE v. VanDIVER

Michigan Court of Appeals.

Decided November 9, 1977.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and John J. Hensel, Senior Assistant Prosecuting Attorney, for the people.

Richard B. Ginsberg, for defendant on appeal.

Before: D.C. RILEY, P.J., and J.H. GILLIS and R.M. MAHER, JJ.


PER CURIAM.

Defendant was convicted by a jury of assault with intent to do great bodily harm less than murder in violation of MCLA 750.84; MSA 28.279. On July 16, 1976, he was sentenced to a prison term of 6 years and 8 months to 10 years. Defendant now appeals, claiming that the trial judge erred in refusing his request for a jury instruction on the defense of insanity. We agree and accordingly reverse.

In Michigan a defendant in a criminal case is presumptively...

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