People v. Kamin

Four cases were consolidated on appeal in order to resolve a question common to all: should the trial court have granted defendant’s request for jury instructions on lesser included offenses?

Pursuant to People v Ora Jones, 395 Mich 379; 236 NW2d 461 (1975), and People v Chamblis, 395 Mich 408; 236 NW2d 473 (1975), it is clear that a defendant has a right upon request to have the jury instructed on necessarily included offenses. 1 Further, a defendant has a right upon request to jury instructions on those cognate lesser included offenses which are supported by record evidence.

The automatic…