People v. Anderson

I concur in the result herein for, even if the dictum in People v Burks, 387 Mich 393; 196 NW2d 777 (1972), is to be taken at face value, any error in excluding the proffered evidence as to the alleged violent character of the deceased was harmless beyond a reasonable doubt.

I write separately, however, since I am convinced that the dictum of Burks ought not to be given face value, that it is not the dictum which it has been taken to be, and that MRE 404(a)(2) was not intended to dignify Burks with legitimacy nor to create an expanded concept of relevancy so as to permit consideration of…