People v. Van Wyck

The defendant was convicted by a circuit court jury of second-degree murder in violation of MCLA 750.317; MSA 28.549. He was sentenced to serve a term of life imprisonment. Defendant appeals from that conviction as of right.

One meritorious issue is raised on appeal. The defendant contends that it was error for the trial court to deny his request for an instruction to the jury on the elements of voluntary manslaughter. The record shows that the trial court charged the jury, then instructed them to retire for the purpose of selecting a foreman only. They were not, he instructed, to begin…