Opinion

People v. Burden

  • 395 Mich. 462
  • 236 N.W.2d 505
  • 1975 Mich. LEXIS 177
Court
Michigan Supreme Court
Filed
Dec 18, 1975
Status
Published
Author
Lindemer
On the bench
Williams, Coleman, Lindemer, Levin, Fitzgerald, Kavanagh, Ryan
Cited by
27 cases

“[I]f the alibi is established, a perfect defense has been shown. Perhaps more importantly, if any reasonable doubt exists as to the presence of the defendant at the scene of the crime at the time the offense was committed (if such presence is necessary to commit the crime), the defendant must also be acquitted.”

How later courts described this case

  • “[I]f the alibi is established, a perfect defense has been shown. Perhaps more importantly, if any reasonable doubt exists as to the presence of the defendant at the scene of the crime at the time the offense was committed (if such presence is necessary to commit the crime), the defendant must also be acquitted.”
  • unanimous jury verdicts in criminal cases
  • opinion by T.G. Kavanagh, C.J.
  • opinion by Kavanagh, C.J.

Written by the judges who cited it.

The opinion

*471 Lindemer, J.

(concurring in the result). I concur in the result reached by my colleagues.

Issues I and III concern failures by the trial judge to give certain instructions. Since defense counsel made no requests for such instructions and failed to object to the instructions as given, I think appellate reversal is barred by MCLA 768.29; MSA 28.1052 and GCR 1963, 516.2.

I concur in Justice Williams’ opinion regarding the trial court’s instruction on the requirement for unanimity of the jury verdict.

Coleman, J., concurred with Lindemer, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.