
    PEOPLE v. WEBB
    Criminal Law — Defenses—Insanity—Appeal and Error — Court of Appeals.
    The Court of Appeals will not review the merits of a new test for insanity in criminal cases until the Supreme Court has acted upon the issue.
    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.
    Before: McGregor, P. J., and T. M. Burns and Andrews, JJ.
    Reference for Points in Headnote
    4 Am Jur 2d, Appeal and Error § 165.
    
      
       Circuit judge, sitting on the Court of Appeals by assignment.
    
   Per Curiam.

This is an appeal as of right from a jury conviction on a charge of breaking and entering.

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. 
      
      MCLA § 750.110 (Stat Ann § 28.305).
     