People v. Dickerson

The defendant was charged with second-degree murder, MCLA § 750.317 (Stat Ann 1954 Rev § 28.549). He was convicted of that crime after a trial by jury.

On appeal he alleges first that the trial court erred in not instructing the jury that they could consider the testimony of the prosecution’s rebuttal witness only for impeachment purposes and not as substantive evidence. No objection on this basis was made at the time the witness was testifying. However, a request for such an instruction was made at the conclusion of the trial. The request was denied. Ordinarily, this would constitute…