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PEOPLE v. PERRY

Docket No. 107621, Calendar No. 1.

594 N.W.2d 477 (1999)

460 Mich. 55

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael Lee PERRY, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 15, 1999.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Michael D. Thomas, Prosecuting Attorney, and J. Thomas Horiszny, Assistant Prosecuting Attorney, Saginaw, for the people.

State Appellate Defender (by Susan M. Meinberg), Detroit, for the defendant-appellant.

Norm Donker, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Detroit, for amicus curiae, Prosecuting Attorneys Association of Michigan.

Opinion

PER CURIAM.

Defendant was convicted of first-degree murder and several other offenses. At trial, his attorney requested that the jury be instructed on the common-law offense of accessory after the fact, but the circuit court refused to give the instruction. The Court of Appeals affirmed. We hold that the common-law offense of accessory after the fact is not a cognate offense of murder, and we likewise affirm.

I

The crime occurred...

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