People v. McIntosh

Of the many questions raised in this appeal, two are of primary importance. The first is whether the trial judge must instruct the jury on the crime of manslaughter, according to both the prosecution and defense theories of the case, when there is evidence to support both theories and proper requests are made. The Court of Appeals did not reach this question. Our answer is yes. The second question is whether manslaughter committed with a motor vehicle must be formally pled in the information in order for the jury to consider negligent homicide as a possible lesser offense. The Court of…