People v. Deneweth

*606Quinn, J.

Defendant was tried on a charge of first-degree murder. MCLA § 750.316 (Stat Ann 1954 Rev § 28.548). Defendant introduced evidence to establish his insanity at the time the offense was committed. He was convicted of second-degree murder. MCLA § 750.317 (Stat Ann 1954 Rev § 28.549). His appeal questions the propriety of the trial court instructing the jury that it could not bring in a verdict of not guilty.

The instruction complained of constitutes reversible error. People v. Woody (1968), 380 Mich 332.

This determination obviates discussion of the other point raised on appeal.

Reversed…