People v. Barker

Memorandum Opinion. In this case we granted leave to appeal to determine "whether the trial judge erred reversibly by refusing to instruct the jury that the defendant was entitled to use deadly force to resist a sexual assault. Cf. People v [Heflin], 434 Mich 482 [456 NW2d 10] (1990).” 435 Mich 867 (1990). After considering this matter, we are persuaded that the trial court did err, but that the error was harmless. We therefore affirm the judgments of the Court of Appeals and the Oakland Circuit Court.

This defendant has been convicted of first-degree murder. MCL 750.316; MSA 28.548. The Court…