People v. Hawley

Defendant was charged with the fatal shooting of Kathleen Perry, who was allegedly shot by the defendant during a motorcycle club party. After a jury trial, defendant was found guilty of first-degree murder, MCL 750.316; MSA 28.548, and sentenced to life imprisonment. He appeals as of right.

Defendant contends that the trial court’s instruction to the jury erroneously removed the factual issue of malice aforethought from the jury’s consideration.

In its final charge, the trial court instructed the jury on the element of malice aforethought as follows:

"Fifth and last element of second-degree…