People v. Kelly

Defendant Walter C. Kelly was charged with armed robbery, MCLA 750.529; MSA 28.797. He was found guilty by a Wayne County Circuit Court jury and sentenced by the court. Defendant appeals.

The first question raised on appeal deals with the instructions given by the trial judge to the jury. The defendant alleges that the following instruction was prejudicial error:

"But, it is the law in this state on that subject, an act which would otherwise constitute a crime may be excused on the grounds it was done under duress or compulsion but the compulsion must be present, imminent and impending and of…