People v. McKeller

The defendant was convicted by a jury of murder in the second degree as charged, CL 1948, § 750.317 (Stat Ann 1954 Rev § 28.549). He was sentenced to a term of 4 to 12 years in prison.

On appeal the issues raised are whether there was sufficient evidence to sustain the verdict, and whether there was error in the trial court’s instructions to the jury on self-defense and malice.

During the afternoon of June 8, 1968, there were fights between members of the defendant’s family and the deceased’s family. The police were called twice.

In response to a telephone call by his daughter, the defendant…