People v. Luther

Defendant was convicted after a jury trial of prison escape. MCLA 750.193; MSA 28.390. His conviction was overturned by the Court of Appeals on the basis of an erroneous jury instruction as to his defense of duress. We agree that the charge was reversibly erroneous and affirm the Court of Appeals.

At trial defendant did not question the lawfulness of his incarceration nor did he claim that his departure was authorized by prison officials. His sole defense was that he left due to duress.

Defendant testified that he was confronted in a lavatory by six unknown assailants who made homosexual…