People v. Mikulin

In People v. Mikulin, 84 Mich App 705, 709; 270 NW2d 500 (1978), the Court was addressing the issue of what constitutes proper jury instruction when a defendant argues the affirmative defense of insanity. Id. at 708. The Court held that it was error necessitating reversal for a court to include only the possibility of a verdict of not guilty by reason of insanity, and not the possibility of a general verdict of not guilty. Id. at 709, citing to People v. Marvin White, 81 Mich App 335, 339, n 1; 265 NW2d 139 (1978), where the Court noted that, when the defendant raises the affirmative defense of "not guilty by reason of insanity," the jury must be given the opportunity to return a general verdict of "not guilty." See also, People v. Woody, 380 Mich 332, 337-338; 157 NW2d 201 (1968).