People v. Gaydosh

*236Marilyn Kelly, J.

Defendant appeals as of right from his jury conviction for resisting and obstructing a police officer in the discharge of duty. MCL 750.479; MSA 28.747. On appeal, defendant claims that the judge’s instruction to the jury impermissibly shifted the burden of proof to him and amounted to a directed verdict for the prosecution. We agree and reverse.

i

Defendant was arrested for operating a motor vehicle while under the influence of intoxicating liquor. He failed various sobriety tests and refused a Breathalyzer test. As a consequence, a magistrate issued a warrant authorizing the…