Legal Opinion

People v. Elkins

Michigan Court of Appeals

Decided March 29, 1972No. Docket 11876PublishedCited by 4 opinions

1Per curiam

Defendant was convicted by a jury verdict of armed robbery. MCLA 750.529; MSA 28.797.

On appeal, defendant contends that the trial court committed reversible error by failing to instruct the jury that each and every element of armed robbery must be proved beyond a reasonable doubt.

On appellate review, jury instructions must be read in their entirety. People v Dye, 356 Mich 271, 279 (1959); People v Iron, 26 Mich App 235, 241 (1970). The trial court instructed the jury as to the elements of armed robbery, and he then instructed the jury as follows:

“Take the evidence and weigh it conscientiously…

2Cases cited8 opinions

  1. People v. DyeMichigan Supreme Court · 1959
  2. State v. HephnerSupreme Court of Iowa · 1968
  3. Schwartz v. TriffMichigan Court of Appeals · 1966
  4. Zylstra v. GrahamMichigan Supreme Court · 1928
  5. People v. IronMichigan Court of Appeals · 1970

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. Robert HallMichigan Court of Appeals · 1974
  2. People v. MacKlinMichigan Court of Appeals · 1973
  3. People v. MartinMichigan Court of Appeals · 1972
  4. People v. Mason JacksonMichigan Court of Appeals · 1972

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API