People v. Atkins

Defendant was convicted by a jury of second-degree murder, MCL 750.317; MSA 28.549, in connection with the stabbing death of his wife. This appeal is by right.

Defendant’s first argument on appeal is that the trial court erred in denying defendant’s motion for a directed verdict of acquittal on the charge of first-degree murder. In ruling on a motion for a directed verdict of acquittal, the trial court must consider the evidence presented by the prosecution up to the time the motion is made, view that evidence in a light most favorable to the prosecution, and determine whether a rational trier…