PEOPLE v. WYNN

No. 29 October Term 1971, Docket No. 53,325.

386 Mich. 627 (1972)

194 N.W.2d 354

PEOPLE v. WYNN

Supreme Court of Michigan.

Rehearing denied April 10, 1972.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Gerard Poehlman, Assistant Prosecuting Attorney, for the people.

Arthur J. Tarnow, State Appellate Defender, and Martin I. Reisig, Assistant Defender, for defendant on appeal.


WILLIAMS, J.

Whether it was necessary for a defendant to object to the failure to grant as well as request a jury instruction on lesser included offenses in order to preserve the point for appeal was the principal issue in the Court of Appeals and in the briefs and arguments before this Court. However, careful study of the record reveals that there is a threshold issue before that, namely, was there in fact a legal request. If there was not, then there are two further...

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