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PEOPLE v. MIKULIN

Docket No. 77-1787.

84 Mich. App. 705 (1978)

270 N.W.2d 500

PEOPLE v. MIKULIN

Michigan Court of Appeals.

Decided July 17, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Anne B. Wetherholt, Assistant Prosecuting Attorney, for the people.

Ronald P. Weitzman, for defendant on appeal.

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

T.M. BURNS, P.J.

The main issues in this appeal relate to the trial court's duty to instruct at trial when the defense of insanity is raised before trial. Because of instructional error, we reverse defendant's conviction for second-degree murder. MCL 750.317; MSA 28.549.

Defendant was originally charged with first-degree murder, MCL 750.316; MSA 28.548, in the death of her husband. The deceased died as the result...

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