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PEOPLE v. GOLIDAY

Docket No. 87395.

153 Mich. App. 29 (1986)

394 N.W.2d 476

PEOPLE v. GOLIDAY

Michigan Court of Appeals.

Decided July 7, 1986.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Harold F. Closz, III, Prosecuting Attorney, and Gerald W. Gibbs, Chief Trial Attorney, for the people.

Marcus, Vander Ploeg & Ruck (by Douglas M. Hughes), for defendant on appeal.

Before: ALLEN, P.J. and MacKENZIE and J.P. SWALLOW, JJ.

ALLEN, P.J.

Where an intermediate appellate court remands for entry of a judgment of conviction of a cognate lesser included offense which has different elements from the offense of which defendant was convicted, does this deny defendant's constitutional right to a finding of guilt beyond a reasonable doubt on each element of the offense? In this Court (though not in the Supreme Court), the question raised is of first...

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