People v. Habel

On Rehearing

Bashara, J.

This case is on rehearing by our

grant thereof. The facts and original decisional holding are to be found at 50 Mich App 630; 213 NW2d 822 (1973).

The prosecuting attorney takes exception to the following language in the original opinion:

"Finally, we must note that while the learned trial judge used the 'pre-disposition’ test for entrapment under United States v Richard Russell, 411 US 423; 93 S Ct 1637; 36 L Ed 2d 366 (1973), the defendant will be entitled on remand to an instruction defining the 'objective’ test, as recently approved in People v Turner, 390 Mich 7; 210…