Opinion
No. 112608
June 15, 1999.
On order of the Court, the application for leave to appeal from the April 21, 1998, decision of the Court of Appeals, is considered, and it is DENIED, there being no majority in favor of granting relief.
Brickley, Cavanagh, and Kelly, JJ., would deny leave to appeal.
Weaver, C.J., would grant leave to appeal.
Taylor and Young, JJ., would reverse the Court of Appeals' judgment in part on the ground that the circuit court erred in denying the defendant-appellant's request that the court give SJI2d 140.44.
Corrigan, J., not participating.