PEOPLE v. RICHARDSON

Docket No. 60406, (Calendar No. 4).

409 Mich. 126 (1980)

293 N.W.2d 332

PEOPLE v. RICHARDSON

Supreme Court of Michigan.

Decided June 24, 1980.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Frank J. Bernacki, Assistant Prosecuting Attorney, for the people.

State Appellate Defender, by Peter Jon Van Hoek and Barbara Levine, Assistant Defenders, for the defendant.


RYAN, J.

We granted leave to appeal in this case to consider a number of issues, including whether a trial judge's refusal to give a properly requested lesser included offense instruction is harmless error in a case where the jury was instructed on some other lesser offenses and returned a verdict of guilty on a higher, charged offense.

Our review of the record reveals two errors which require reversal of the defendant's conviction and remand for a new trial...

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