People v. Steele

In this case, we must decide whether the trial court was correct in denying the defendant’s request for instructions on lesser included misdemeanor offenses. The defendant was charged with two counts of delivery of lysergic acid diethylamide (lsd). MCL 333.7401(1), (2)(b); MSA 14.15(7401X1), (2)(b). He admitted possession and transfer, but claimed that he believed the substance to be mescaline — not lsd. The trial court denied defendant’s request to instruct the jury on the lesser included misdemeanors of possession of lsd, MCL 333.7403(1); MSA 14.15(7403X1), and use of lsd, MCL 33.7404(1);…