People v. Reed, Docket No. 13461
| Decision Date | 26 October 1972 |
| Docket Number | Docket No. 13461,No. 3,3 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Alvin Eugene 'Jack' REED, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
James R. Neuhard, State Appellate Defender, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Kenneth J. Myles, Pros. Atty., for plaintiff-appellee. Before HOLBROOK, P.J., and R. B. BURNS and TARGONSKI, * JJ.
Defendant was charged with murder in the first degree. M.C.L.A. § 750.316; M.S.A. § 28.548. He pleaded not guilty by reason of insanity and was convicted by a jury of manslaughter. M.C.L.A. § 750.321; M.S.A. § 28.553.
Defendant claims the trial court erred by not instructing the jury Sua sponte on the consequences of a verdict of not guilty by reason of insanity.
Prior to People v. Cole, 382 Mich. 695, 172 N.W.2d 354 (1969), Michigan held that post-verdict consequences should not enter into the jurors' deliberation, and courts did not inform juries of the possible punishment.
Johnnie L. Cole was tried and convicted of second-degree murder. M.C.L.A. § 750.317; M.S.A. § 28.549. He had pleaded not guilty by reason of insanity. After several hours of deliberation the jury submitted a question to the trial judge. 'Will a verdict of not guilty by reason of insanity insure the defendant of immediate release without further treatment in an institution?' The judge replied, 'I am sorry, I cannot answer this question.'
The Michigan Supreme Court held 'Where the defense of insanity is present and that issue is made submissible by the proofs, the defendant, upon his own timely request, or upon request of the jury, shall be entitled to an instruction * * *'. People v. Cole, Supra, 720--721, 172 N.W.2d 366.
Defendant asks that we enlarge this exception to the general rule and require trial judges to inform injuries as to the consequences of a finding of 'not guilty by reason of insanity' whether requested or not.
While, as in the Cole case, many juries may not be cognizant of the consequences of such a verdict and it might be laudable to give such an instruction, the Michigan Supreme Court has not stated such a requirement.
The trial judge did not err by failing to instruct the jury Sua sponte as to the consequences of such a verdict.
Defendant also claims that there was no evidence to support a conviction on the charge of manslaughter, and that it was error for the trial judge to instruct the jury on manslaughter. A review of the record indicates sufficient evidence for such an instruction.
Defendant received a sentence of 12 to 15 years. If People v. Tanner, 387 Mich. 683, 199 N.W.2d 202 (1972), is applicable to the instant case, ...
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...was pending on July 26, 1972, and the Tanner issue was briefed at any time during pendency of the appeal' (People v. Reed, 43 Mich.App. 556, 558, 204 N.W.2d 319, 320 (1972)), including cases, as in Reed, where the 'defendant filed a supplemental brief' raising the Tanner issue. See, also Pe......
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People v. Samuelson, Docket No. 28621
...Cole type instruction as "laudable" where, as in the instant case, the defendant raised insanity as a defense. People v. Alvin Reed, 43 Mich.App. 556, 204 N.W.2d 319 (1972). Furthermore, no objection was made to the charge at trial. As can be seen from our recitation from the transcript, de......