People v. Lutzke

I respectfully dissent from *80the decision reached by my learned colleagues, since it is apparent that errors took place at defendant’s trial which require reversal.

The following offenses were submitted to the jury: first-degree murder, second-degree murder, manslaughter, assault with intent to commit murder, assault with intent to commit great bodily harm less than murder, felonious assault and simple assault. The majority correctly points out that the defense was intoxication. The trial court charge on intoxication reads:

"In determining whether the assault was committed with intent to murder,…