People v. Brown

Defendant was found guilty by a jury of the crime of second-degree murder. MCLA § 750.317 (Stat Ann 1954 Rev § 28.549). On appeal, defendant raises five claims of error.

First, defendant asserts that the trial court erroneously instructed the jury relative to the requirement of malice for a verdict of second-degree murder.

The trial court’s charge to the jury in a criminal case must be read as a whole in order to determine whether it is prejudicial. People v. Mayberry (1970), 25 Mich App 677; People v. Wright (1970), 23 Mich App 330. Read in its entirety, the charge was correct and no injustice…