People v. Gillespie

Defendant appeals his conviction of what has come to be known generally as DUIL. MCLA 257.625; MSA 9.2325.

The case presents a clear-cut legal issue.

The question is: May a trial judge affirmatively charge that upon uncontradicted proof of the essential elements of the offense charged or the essential elements of one or more of the lesser included offenses under the principal offense that the jury must return a verdict of guilty of the principal charge or one of the lesser included offenses?

In this case the trial judge charged the jury:

"Now neither the prosecution nor the defendant has offered…