People v. Newman

Our brother Bronson has made a very thorough summary of the facts of this case in his dissent.

We find the trial court’s error in its failure to adequately instruct the jury on the theory of the defense of accident to be dispositive of this case. As was held by panels of this Court in People v Morris; 99 Mich App 98; 297 NW2d 623 (1980), and People v Stanley Jones, 69 Mich App 459; 245 NW2d 91 (1976), where the theory of accidental homicide is central in the defendant’s trial, even where the defendant failed to request an instruction on that defense, it is error requiring reversal for the…