People v. Goldsmith

The issue presented in the instant case is whether reversible error was committed by delivery of a jury charge which deviated from the ABA instruction adopted by this Court in People v Sullivan, 392 Mich 324; 220 NW2d 441 (1974). We hold that the giving of this instruction was a substantial deviation from that approved in Sullivan and therefore the reversal of the defendant’s convictions by the Court of Appeals was proper. However, we issue this opinion to make it clear that a proper Sullivan instruction may be given as part of the main charge to the jury.

Following the closing of proofs, near…