Opinion
Docket No. 7577.
Decided January 25, 1971.
Appeal from Oakland, Arthur E. Moore, J. Submitted Division 2 December 10, 1970, at Lansing. (Docket No. 7577.) Decided January 25, 1971.
Miller Charles Webb was convicted of breaking and entering. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Thomas G. Plunkett, Prosecuting Attorney, and Frank R. Knox, Assistant Prosecuting Attorney, for the people.
Douglas A. Chartand, for defendant on appeal.
This is an appeal as of right from a jury conviction on a charge of breaking and entering.
MCLA § 750.110 (Stat Ann § 28.305).
Appellant contends that it was error for the lower court to refuse to give his requested instructions concerning insanity.
A review of the charge given shows that it is consistent with the current Michigan law concerning insanity. People v. Durfee (1886), 62 Mich. 487. Appellant is arguing, in effect, for a change in the Michigan law regarding insanity. In People v. Krugman (1966), 377 Mich. 559, the Supreme Court refused to consider a change in the insanity test in Michigan and left the Durfee test standing.
This Court has declined before to review the merits of new insanity defenses until the Supreme Court has acted upon the issue. People v. Cole (1967), 8 Mich. App. 250; People v. Morris (1968), 10 Mich. App. 526; People v. Markham (1969), 19 Mich. App. 616; People v. Wright (1970), 25 Mich. App. 499.
Affirmed.