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PEOPLE v. LENKEVICH

Docket No. 54816, (Calendar No. 2).

394 Mich. 117 (1975)

229 N.W.2d 298

PEOPLE v. LENKEVICH

Supreme Court of Michigan.

Decided May 27, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training & Appeals, and Gerard A. Poehlman, Assistant Prosecuting Attorney, for the people.

Jaffe, Snider, Raitt, Garratt & Heuer (by F. Thomas Lewand), for defendant on appeal.

M.S. COLEMAN, J.

The principal issue arises from a plea of self-defense after an altercation between husband and wife in their own home during which the husband was killed. We are asked to determine whether the judge prejudicially erred in instructing the jurors that to justify the taking of a human life in self-defense they must find

"that there must have been no way open whereby she could have retreated, as it...

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