People v. ALFRED BROWN

A jury found the defendant guilty of murder in the first degree, MCLA § 750.316 (Stat Ann 1971 Cum Supp § 28.548), for which he received a sentence of life imprisonment.

It is asserted that the trial judge erred reversibly when he neglected, sua sponte, to charge the jury on other than first-degree murder. The well-established rule in Michigan is exemplified in People v. Phillips (1971), 385 Mich 30, where it was stated:

“Where a request has been made to charge the jury on a lesser included offense, the duty of the trial judge is determined by the evidence. If evidence has been presented which…