PEOPLE v. GAYDOSH

Docket No. 149510.

203 Mich. App. 235 (1994)

512 N.W.2d 65

PEOPLE v. GAYDOSH

Michigan Court of Appeals.

Decided January 18, 1994, at 9:10 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Irving C. Shaw, Jr., Prosecuting Attorney, and Jonathan L. Poer, Assistant Prosecuting Attorney, for the people.

James L. Fisher, for the defendant.

Before: McDONALD, P.J., and SAWYER and MARILYN KELLY, JJ.


MARILYN KELLY, J.

Defendant appeals as of right from his jury conviction for resisting and obstructing a police officer in the discharge of duty. MCL 750.479; MSA 28.747. On appeal, defendant claims that the judge's instruction to the jury impermissibly shifted the burden of proof to him and amounted to a directed verdict for the prosecution. We agree and reverse.

I

Defendant was arrested for operating...

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