PEOPLE v. McINTOSH

Docket No. 57321, (Calendar No. 3).

400 Mich. 1 (1977)

252 N.W.2d 779

PEOPLE v. McINTOSH

Supreme Court of Michigan.

Decided May 2, 1977.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Research, Training & Appeals, and Charles P. Kellett, Assistant Prosecuting Attorney, for the people.

Carl Ziemba for defendant.


COLEMAN, J.

Of the many questions raised in this appeal, two are of primary importance. The first is whether the trial judge must instruct the jury on the crime of manslaughter, according to both the prosecution and defense theories of the case, when there is evidence to support both theories and proper requests are made. The Court of Appeals did not reach this question. Our answer is yes. The second question is whether manslaughter...

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