People v. Williams

The question presented in this case is whether a defendant who requests that the jury be instructed that it might convict him of a certain crime is entitled, after conviction of that crime, to a reversal on the basis that the crime was not charged in the information. We conclude in this case that the defendant’s request for an instruction was the functional equivalent of a motion to amend the information which was granted by virtue of the court’s instruction to the jury.

I

The defendant and a codefendant were charged with first-degree murder contrary to MCL 750.316; MSA 28.548 and with…