People v. Vandiver

Defendant was convicted by a jury of assault with intent to do great bodily harm less than murder in violation of MCLA 750.84; MSA 28.279. On July 16, 1976, he was sentenced to a prison term of 6 years and 8 months to 10 years. Defendant now appeals, claiming that the trial judge erred in refusing his request for a jury instruction on the defense of insanity. We agree and accordingly reverse.

In Michigan a defendant in a criminal case is presumptively sane. But, as noted in People v Neumann, 35 Mich App 193, 195; 192 NW2d 345 (1971),

"[w]hen a defendant introduces any evidence of insanity at…