People v. Neumann

Defendant was originally charged with the second-degree murder of his wife and was convicted of manslaughter by a jury in the subsequent trial. MCLA § 750.317 (Stat Ann 1954 Rev §28.549); MCLA §750.321 (Stat Ann 1954 Rev § 28.553). Defendant appeals to this Court by leave granted.

Defendant interposed an insanity defense at trial and presently assigns as error two instructions. The trial court instructed the jury four times as to the burden of proof when an insanity defense is presented. Two of the charges are essentially correct. However, the trial court charged as follows:

“Since sanity is…