PEOPLE v. SHEARS

Docket No. 24149.

73 Mich. App. 683 (1977)

252 N.W.2d 563

PEOPLE v. SHEARS

Michigan Court of Appeals.

Decided March 1, 1977.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Harold S. Sawyer, Prosecuting Attorney, for the people.

Loeks, Buth, Wood & Weidaw, for defendant on appeal.

Before: D.F. WALSH, P.J., and QUINN and BASHARA, JJ.


QUINN, J.

A jury convicted defendant of assault to do great bodily harm less than the crime of murder, MCLA 750.84; MSA 28.279. Following sentence, he appeals on one issue:

"Whether the trial court committed reversible error by instructing the jury that they could not consider lesser included offenses until finding defendant not guilty of the charged offense?"

Defendant's argument in support of his affirmative...

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