People v. Stockwell

The defendant, Edward Stockwell, was convicted by an Oakland County jury of second-degree murder, MCLA 750.317; MSA 28.549, and appeals as of right.

The defendant was previously convicted on the same charge and appealed to this Court which reversed his conviction, People v Stockwell, 52 Mich App 394; 217 NW2d 413 (1974), because of instructional errors. The second trial has now produced a second conviction and the defendant once again appeals on the basis of an alleged instructional error.

The defendant has a history of mental illness dating back to his early childhood. After two violent…