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PEOPLE v. RAMSEY

PER CURIAM.

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

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

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.

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PEOPLE v. RAMSEY
(Mar 27, 1970)