People v. Netzel

Mr. Justice BUTZEL, relying upon People v. Jones, 273 Mich. 430, has written for reversal. I am unable to agree either in the result reached or that the decision in the Jones Case is at all applicable to the instant case. The question under consideration is whether the circuit judge's failure to charge the jury with reference to a lesser offense included in the charge against defendant of having made an assault while armed with a dangerous weapon, was reversible error.

In the Jones Case the defendant was convicted of rape and there was reversal in this Court on the ground that the trial judge…