People v. Henry

In People v Lemmons, 384 Mich 1, 2 (1970), the defendant’s conviction of armed robbery was reversed by the Michigan Supreme Court because the trial court had instructed the jury as follows:

"There are only two possible verdicts as to each defendant. You may find the defendant, naming them individually, guilty of robbery armed or not guilty. There are no included offenses. "(Emphasis supplied.)

Lemmons’ conviction was reversed even though, and I quote from the Supreme Court’s opinion, Lemmons "made no request at trial that the lesser included offenses be included in the charge”. The Court relied…