PEOPLE v. EISENBERG

PER CURIAM.

For the reasons stated in the majority opinion in People v. Hampton (1971), 384 Mich. 669, we reverse the judgment of the trial court and remand for new trial.

T.M. KAVANAGH, C.J., and ADAMS, T.G. KAVANAGH, SWAINSON, and WILLIAMS, JJ., concurred.

BLACK, J. (concurring).

Refer to the majority and minority opinions of People v. Hampton, ante respectively at 673 and 680. This appeal is controlled by the Court's determination of Hampton, the question of retroactivity being the same and the same majority having determined that this defendant also should have the benefit of some sort of a Lyles jury instruction (see Lyles quoted and cited in People v. Cole 382 Mich. 695, 719, 720).

I yield to the majority and leave to it the nature of whatever order of reversal and remand is desired for this case.

T.E. BRENNAN, J. (dissenting).

I would affirm for the reasons stated in my dissent in People v. Hampton (1971), 384 Mich. 669 at p 685.