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PEOPLE v. BAILEY

Docket No. 101017, Calendar No. 10.

549 N.W.2d 325 (1996)

451 Mich. 657

The PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Richard Lee BAILEY, Defendant-Appellee.

Supreme Court of Michigan.

Decided June 18, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training and Appeals, and Janet A. Napp, Assistant Prosecuting Attorney, Detroit, for people.

Joan Ellerbusch Morgan, Detroit, for defendant.

Earl R. Spuhler, Fenton, amicus curiae, for Criminal Defense Attorneys of Michigan.

OPINION

BOYLE, Justice.

We are asked to decide if the trial court erred in refusing defendant's request to provide the jury with an instruction on assault with intent to do great bodily harm less than murder1 as a cognate lesser included offense of the principal charge of second-degree murder.2 We hold that the trial court properly refused to give...

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