People v. Mikulin

The main issues in this appeal relate to the trial court’s duty to instruct at trial when the defense of insanity is raised before trial. Because of instructional error, we reverse defendant’s conviction for second-degree murder. MCL 750.317; MSA 28.549.

Defendant was originally charged with first-degree murder, MCL 750.316; MSA 28.548, in the death of her husband. The deceased died as the result of multiple gunshot wounds to the head. Before trial, defense counsel filed a notice of defense claiming the shooting was the result of an "irresistible impulse”. The court entered an order for…