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PEOPLE v. ROCHOWIAK

Docket No. 62880, (Calendar No. 2).

416 Mich. 235 (1982)

330 N.W.2d 669

PEOPLE v. ROCHOWIAK

Supreme Court of Michigan.

Decided December 23, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Carolyn Schmidt, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by James Krogsrud) for the defendant.

Decided December 23, 1982. Rehearing denied 417 Mich. 1106.

LEVIN, J.

The question is whether Rochowiak, who was tried for second-degree murder,1 was entitled to a jury instruction on the lesser offense of careless, reckless, or negligent use of a firearm resulting in injury or death (reckless use),2 and, if the instruction was erroneously refused, whether that error was harmless because the jurors...

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