# People v. Butts

> Michigan Court of Appeals · September 5, 1978 · 85 Mich. App. 435

URL: https://www.frixlaw.com/law-library/cases/9543717

## Case

- **Full name:** People v. Butts
- **Court:** Michigan Court of Appeals
- **Decided:** September 5, 1978
- **Citations:** 85 Mich. App. 435; 271 N.W.2d 265; 1978 Mich. App. LEXIS 2419
- **Precedential status:** Published
- **Opinion:** Dissent by Maher
- **Judges:** Maher, Gillis, McGregor
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9543717

## Opinion text

R. M. Maher, P. J.
(dissenting). For the reasons stated in People v Fountain, 71 Mich App 491 ; 248 NW2d 589 (1976), and in People v Wright, 80 Mich App 172 ; 262 NW2d 917 (1977), lv gtd, 402 Mich 938 (1978), I dissent. The jury should have been instructed that the defendant could be convicted of *442 first-degree felony murder only if the jury found the killing was done with malice. The essential element of malice was improperly imputed to the killing as a matter of law. It was properly a matter for the jury’s consideration.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9543717. Public record. Not legal advice.