PEOPLE v. MARTIN

Docket No. 62913.

130 Mich. App. 609 (1983)

344 N.W.2d 17

PEOPLE v. MARTIN

Michigan Court of Appeals.

Decided November 22, 1983.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Conrad J. Sindt, Prosecuting Attorney, and Richard M.C. Adams, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Ronald J. Bretz), for defendant on appeal.

Before: DANHOF, C.J., and MacKENZIE and M.E. DODGE, JJ.


PER CURIAM.

Defendant appeals as of right from his jury conviction of second-degree murder, MCL 750.317; MSA 28.549, and felony-firearm, MCL 750.227b; MSA 28.424(2). We find that defendant's conviction must be reversed because of instructional error.

The homicide in the present case involved a struggle between the victim and defendant during which the victim was shot with a gun. There was conflicting testimony as to whether defendant or the victim pulled out...

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