People v. Benson

Defendant was convicted by a jury for the offense of armed robbery. MCLA § 750.529 (Stat Ann 1971 Cum Supp § 28.797).

While under direct examination, defendant blurted, “I realize that what they have me charged with carries life.” Whereupon, the prosecution, out of hearing of the jury, moved for a mistrial. The court did not rule on the motion and submitted the case to the jury.

The court instructed the jury that there was one of two verdicts they could return. They could either find the defendant guilty as charged, or not guilty.

Defendant appeals and raises two issues:

1. Does a trial judge’s…