People v. Phillips

Benn Phillips, also known as Walker Phillips, was found guilty by a jury of *608assault with intent to commit murder, contrary to MCLA 750.83; MSA 28.278. On appeal this Court reversed that conviction and remanded for a new trial. People v Phillips, 37 Mich App 242; 194 NW2d 501 (1971). The defendant was subsequently retired and again found guilty as charged.

On appeal the defendant claims the trial judge erred in instructing the jury on intoxication as a defense to a specific intent crime. The challenged portion of the instruction is set out below.

"You would not, however, be justified in…