People v. Mitchell

Defendant appeals as of right from his conviction by a jury of two counts of first-degree criminal sexual conduct. MCL 750.520b(l)(f); MSA 28.788(2)(l)(f). Defendant was found guilty but mentally ill as to both counts. MCL 768.36; MSA 28.1059. We find that both of defendant’s convictions must be reversed because of instructional error and prosecutorial misconduct.

Defendant made no objection at the trial to the court’s instructions, and thus appellate review is precluded unless the instructions resulted in manifest injustice to the defendant. GCR 1963, 516.2; People v Prast (On Rehearing), 114…