PEOPLE v. KELLY

Docket No. 71704, (Calendar No. 5).

423 Mich. 261 (1985)

378 N.W.2d 365

PEOPLE v. KELLY

Supreme Court of Michigan.

Decided November 13, 1985.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and A. George Best, II, Assistant Prosecuting Attorney, for the plaintiff.

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


WILLIAMS, C.J.

This case involves a determination of the accuracy of jury instructions given on the issue of intent in a prosecution of felony murder and aiding and abetting the murder. Specifically, the first issue revolves around the following sentence: "If you find that the defendant consciously intended to commit, attempted to commit or assisted another in the crime of robbery, you may infer that he knowingly created a very high risk of death...

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