People v. Darwin Brown

Following a conviction for first-degree murder, CL 1948, § 750.316 (Stat Ann 1954 Rev § 28.548), defendant submitted the present appeal alleging error in the jury- instructions. He claims that the trial judge on' three occasions misstated requisite elements of first-degree murder as premeditation or deliberation, rather than the proper phraseology of premeditation and deliberation. Defendant is correct; the two-elements were incorrectly disjuncted with “or” rather than correctly conjuncted with “and” in three instances within the jury instructions. However, we affirm the conviction for two…