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PEOPLE v. WEEDER

Docket No. 120107.

674 N.W.2d 372 (2004)

469 Mich. 493

PEOPLE of the State of Michigan, Plaintiff-Appellee/Cross-Appellant, v. Joseph Carl WEEDER, Defendant-Appellant/Cross-Appellee.

Supreme Court of Michigan.

February 4, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Marilyn J. Day, Assistant Prosecuting Attorney, Pontiac, MI, for the people.

State Appellate Defender (by Chari K. Grove), Detroit, MI, for the defendant.

Opinion

PER CURIAM.

This case presents the question whether a driver charged with second-degree murder following an auto-related death must receive a negligent homicide instruction. Following People v. McIntosh, 400 Mich. 1, 252 N.W.2d 779 (1977), the Court of Appeals answered yes. We overrule McIntosh and remand to the Court of Appeals for further review.

Defendant...

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