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PEOPLE v. BREWER

Docket No. 47087.

101 Mich. App. 194 (1980)

300 N.W.2d 491

PEOPLE v. BREWER

Michigan Court of Appeals.

Decided October 24, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert L. Kaczmarek, Prosecuting Attorney, and Linda Berns Wright, Appellate Prosecuting Attorney, for the people.

Kenneth W. Schmidt, for defendant on appeal.

Before: MacKENZIE, P.J., and ALLEN and D.F. WALSH, JJ.

PER CURIAM.

On March 16, 1979, defendant was convicted by a jury of criminal sexual conduct in the second degree, contrary to MCL 750.520c(1)(a); MSA 28.788(3)(1)(a). Defendant was sentenced to a term of 3 to 15 years imprisonment and now appeals by right.

The determinative issue in this appeal is whether the trial court was legally correct in instructing the jury that voluntary intoxication is not a defense...

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