People v. Wilson

A jury convicted defendant of first-degree (felony) murder. MCL 750.316; MSA *63828.548. He was sentenced to life imprisonment without parole, and appeals by right.

With respect to the element of malice in the jury instructions on first-degree murder, the court charged that defendant might be found guilty if defendant "consciously intended to commit the crime of robbery”. Although this was error, People v Fountain, 71 Mich App 491; 248 NW2d 589 (1976), the appropriate remedy is not a reversal of defendant’s conviction and a remand for retrial. The error in these instructions is that they allowed the…