People v. Blachura

We agree with all of Judge Holbrook, Jr.’s dissenting opinion except his ultimate conclusion that the defendant’s conviction must be reversed because the trial judge allowed his court clerk to read the defendant’s theory of the case to the jury. We agree that error occurred, but believe the error was harmless. People v Robinson, 386 Mich 551; 194 NW2d 709 (1972), MCLA 769.26; MSA 28.1096, GCR 1963, 529.1.

It is not error per se to allow the clerk to read some or all of the instructions when the judge is experiencing voice problems. At least two circuit judges in Michigan have undergone throat…