People v. Ramsey

Michigan Court of Appeals
People v. Ramsey, 23 Mich. App. 11 (1970)
Brennan, Lesinski, Quinn

People v. Ramsey

Opinion of the Court

Per Curiam.

Following a nonjury trial, defendant was convicted of armed robbery.* This appeal concerns the availability of the intoxication defense.

At trial substantial evidence was introduced tending to establish that defendant was under the influence of narcotics at the time of the commission of the robbery. In closing, defense counsel requested that the court consider the effect of the narcotic intoxication upon defendant’s specific intent to commit the armed robbery. The trial court refused, stating that armed robbery was not a specific intent crime. Upon the authority of People v. Walker (1878), 38 Mich 156, we hold that the trial court’s action constituted reversible error. See, also, People v. Kelley, 21 Mich App 612.

Reversed and remanded for a new trial.

MOLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797).

Reference

Full Case Name
PEOPLE v. RAMSEY
Cited By
1 case
Status
Published