People v. Cole

T, M. Kavanagh, J.

Charged with the crime of first-degree murder, defendant, upon giving the required notice, interposed- the defense of insanity. The jury, at the conclusion of the trial, found defendant guilty of second-degree murder, and a sentence of 35- to 50 years was imposed.

On appeal, the Court of Appeals, in a split decision, affirmed the conviction. 8 Mich App 250. Judge Thomas G-. Kavanagh dissented, for- the reason that the jury-should have been informed as to the disposition of the defendant if he were found not guilty by reason of insanity.3

Defendant is here on leave granted (380…