People v. King

Defendant was convicted by a jury of manslaughter, in violation of MCL 750.321; MSA 28.553, and assault with intent to do great bodily harm less than murder, in violation of MCL 750.84; MSA 28.279. From a sentence of 5 to 15 years imprisonment for manslaughter and 5 to 10 years for assault, defendant appeals as of right.

Defendant poses four arguments on appeal, two *154of which I believe are meritorious. It is first asserted that the trial court erred in instructing the jury on manslaughter. Manslaughter is not necessarily a lesser included offense of murder; there must be sufficient proof…