People v. John

Following a bench trial, defendant was found guilty but mentally ill, MCL 768.36; MSA 28.1059, of armed robbery, MCL 750.529; MSA 28.797, and felony-firearm, MCL 750.227b; MSA 28.424(2). Defendant moved for a new trial, arguing that the verdict was against the great weight of the evidence in that the prosecution failed to prove that defendant was sane beyond a reasonable doubt. The trial judge denied the motion. The defendant now appeals as of right and we reverse.

Only two expert witnesses testified at trial regarding defendant’s sanity during the commission of the crime. Charles P. Clark, a…