People v. Gibbs

Defendant appeals of right his jury conviction of second-degree murder. MCLA 750.317; MSA 28.549.

The meritorious issue on appeal is claimed instructional error. We set forth that portion of the charge defendant contends was reversibly erroneous.

"Now in most cases, there is a third verdict, of course, the verdict of not guilty. I would say, in this regard, that you have heard the defendant testify in this case. There is no question here, no way that you could find that he did not kill his wife. He stated to you that he did. This killing was unlawful and felonious. There has been no excuse…