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Legal Opinion

People v. Smith

Michigan Court of Appeals

Decided August 27, 1974No. Docket 15822PublishedCited by 22 opinions

1Opinion of the CourtJ. H. Gilus, P. J.

Defendant was charged with felony murder (MCLA 750.316; MSA 28.548), * 1 the underlying felony being robbery. Mr. Smith defended himself and prior to the jury instructions the following exchange occurred:

"Mr. Smith: As far as the evidence, I feel they [the jury] could be charged with murder one or two or manslaughter.
"The Court: No, only murder one.
"Mr. Monash [Prosecutor]: Do you want any included offenses?
"The Court: Any homicide perpetrated with another felony is murder one. It is not murder two or manslaughter.
"Mr. Smith: You said you won’t say manslaughter or second degree?

’’The Court: I…

2Cases cited12 opinions

  1. People v. FordCalifornia Supreme Court · 1966
  2. People v. JacksonNew York Court of Appeals · 1967
  3. People v. CarterMichigan Supreme Court · 1972
  4. People v. PodolskiMichigan Supreme Court · 1952
  5. Dolan v. . PeopleNew York Court of Appeals · 1876

7 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. People v. AaronMichigan Supreme Court · 1980
  2. People v. GillisMichigan Supreme Court · 2006
  3. People v. McIntoshMichigan Court of Appeals · 1975
  4. Pueblo v. Lucret QuiñonesSupreme Court of Puerto Rico · 1981
  5. People v. ThewMichigan Court of Appeals · 1993

17 more not listed; retrieve them via the Exa API.

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