People v. Moore

I concur in the opinion of Judges Beasley and Gillis.

One issue which requires more extended discussion may be referred to as "a tale of two instructions.”

The jury in every criminal case must be instructed on the presumption of innocence, the burden of proof on the prosecutor, and the definition of reasonable doubt. Under Administrative Order No. 1977-1, 399 Mich lxxii, members of the bench and bar are "urged,” but not required, to use the Michigan Criminal Jury Instructions, which contain proposed instructions on these issues in CJI 3:1:02, 3:1:03, and 3:1:04 or 3:1:05._

*558Problems arose, among…