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PEOPLE v. BARKER

Docket No. 87039, (Calendar No. 9).

437 Mich. 161 (1991)

468 N.W.2d 492

PEOPLE v. BARKER

Supreme Court of Michigan.

Decided April 22, 1991.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Richard Thompson, Prosecuting Attorney, Michael J. Modelski, Chief, Appellate Division, and Richard H. Browne, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Gail Rodwan), for the defendant.

Amicus Curiae:

Mogill, Posner & Cohen (by Marjory B. Cohen) for the Women Lawyers Association of Michigan.

MEMORANDUM OPINION. In this case we granted leave to appeal to determine "whether the trial judge erred reversibly by refusing to instruct the jury that the defendant was entitled to use deadly force to resist a sexual assault. Cf. People v [Heflin], 434 Mich. 482 [456 N.W.2d 10] (1990)." 435 Mich. 867 (1990). After considering this matter, we are persuaded that the trial court did err,...

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