Legal Opinion

People v. Barnard

Michigan Court of Appeals

Decided September 12, 1979No. Docket 78-4834PublishedCited by 15 opinions

1Per curiam

Defendant was charged with the murder of a two-year-old child. He appeals his conviction by a jury of second-degree murder, MCL 750.317; MSA 28.549. He was sentenced on Octo ber 3, 1977, to a prison term of 15 to 30 years. His motion for new trial was denied on September 25, 1978. We find no reversible error.

Defendant’s argument that the trial court erred in failing to instruct the jury that "specific intent” is an element of second-degree murder is without merit. The charge followed the standard criminal jury instructions. CJI 16:3:01. Second-degree murder is not a "specific intent” crime.…

2Cases cited14 opinions

  1. People v. GarciaMichigan Supreme Court · 1976
  2. People v. FalknerMichigan Supreme Court · 1973
  3. People v. EddingtonMichigan Supreme Court · 1972
  4. Wellar v. PeopleMichigan Supreme Court · 1874
  5. State v. TornquistSupreme Court of Iowa · 1963

9 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. SmullenCourt of Appeals of Maryland · 2004
  2. Bludsworth v. StateNevada Supreme Court · 1982
  3. State v. NorlinWashington Supreme Court · 1998
  4. People v. ConradMichigan Court of Appeals · 1986
  5. State v. MoormanNew Jersey Superior Court Appellate Division · 1996

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API