People v. Gilbert Johnson

Defendant was found guilty by jury of first-degree murder, MCLA 750.316; MSA 28.548. He was sentenced to a term of life imprisonment. Five issues are raised on appeal; we believe that the errors presented by two of those issues require reversal of this conviction.

The trial court erred in refusing to permit a lay defense witness to express an opinion on defendant’s mental condition. The defense counsel twice asked James Vincent, a friend of the defendant, "did he [the defendant] appear to be normal?” The trial court improperly sustained the prosecutor’s objections, stating:

"You may ask him…