People v. Pummer

Defendant was convicted of first-degree murder, but before he was sentenced, the trial judge granted his motion for new trial. The prosecutor sought leave to appeal the order granting new trial and made specific reference to our opinion in People v Blachura, 390 Mich 326; 212 NW2d 182 (1973), which affirmed the jurisdiction of the Court of Appeals to grant leave to appeal to the prosecutor from an order granting a new trial.

After the Court of Appeals granted the prosecutor leave to appeal, the parties briefed issues *331relating to the propriety of the trial judge’s instructions to the jury.…