PEOPLE v. WRIGHT

Docket No. 60646, (Calendar No. 7).

408 Mich. 1 (1980)

289 N.W.2d 1

PEOPLE v. WRIGHT PEOPLE v. PEREZ

Supreme Court of Michigan.

Decided March 4, 1980.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, and Michael R. Mueller and Larry L. Roberts, Assistants Prosecuting Attorney, for the people.

State Appellate Defender (by P.E. Bennett) for defendants.


RYAN, J.

The question presented is whether jury instructions, "unless the testimony satisfies you of something else * * * [t]he law presumes that every man or woman intends the natural, the probable, and the legitimate consequences of his or her own willful and voluntary acts", is reversible error.

We conclude that the instructions may have been interpreted by the jury as a burden-shifting presumption and are therefore unconstitutional. US Const, Am XIV; Const...

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