People v. Cooper

Defendant was convicted of second-degree murder, contrary to MCLA 750.317; MSA 28.549, and sentenced to a term of from 10 to 20 years imprisonment. Defendant appeals by right.

Defendant claims that the self-defense instructions given by the trial judge were reversibly erroneous. The self-defense instructions complained of are indistinguishable from those given in People v Shelton, 64 Mich App 154; 235 NW2d 93 (1975). It appears that here, as in Shelton, supra, the trial judge relied upon 2 Gillespie, Michigan Criminal Law & Procedure (2d ed), § 906, Form No. 411, p 1288, which states that a…