PEOPLE v. BEACH

Docket Nos. 75058, 76536, (Calendar Nos. 7-8).

429 Mich. 450 (1988)

418 N.W.2d 861

PEOPLE v. BEACH PEOPLE v. EDWARDS

Supreme Court of Michigan.

Decided January 19, 1988.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Robert H. Cleland, Prosecuting Attorney, and Peter R. George, Chief Appellate Attorney, for the people in Beach; William F. Delhey, Prosecuting Attorney, and Lynwood E. Noah, Deputy Chief Assistant Prosecuting Attorney, for the people in Edwards.

State Appellate Defender (by Mardi Crawford) for defendant Beach.

Don Ferris for defendant Edwards.


BRICKLEY, J.

These two cases require a determination whether the conclusions of the lower courts, that evidence adduced at trial was insufficient to support requests for instructions on cognate lesser included offenses, were in error. If these determinations were in error, we are asked to decide whether the failure to instruct on the lesser included offenses was harmless.

In People v Edwards, we conclude that the requested cognate lesser offense instruction...

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