People v. Samuelson

Pee Cueiam.

Defendant, charged with rape, MCLA 750.520; MSA 28.788, was tried by jury in September, 1975, and found guilty as charged. The defense at trial was insanity. Sentenced to a term of 35 to 55 years in prison, he appeals of right asserting as his main ground of error the trial court’s sua sponte instruction over objection by counsel as to a defendant’s disposition following a verdict of not guilty by reason of insanity.

Following the conclusion of proofs, defense counsel submitted in writing three requests to charge. Request #2 was worded as follows:

"2. That Defendant specifically…