People v. Ford

OPINION OF THE COURT

Meyer, J.

A jury charge which, despite defendant’s request, fails to include as part of its instructions concerning circumstantial evidence that the circumstantial facts proved must exclude every hypothesis but guilt constitutes reversible error. In People v Ford, there should, therefore, be a reversal and a new trial ordered. In People v Ladson, however, there should be an affirmance, the errors argued having either not been preserved or being within the Trial Judge’s discretion and unreviewable.

I

Perry Dillard testified that in the early morning hours of July 31, 1980,…