People v. Jenkins

Defendant was charged with first-degree felony murder and convicted by a jury. MCLA 750.316; MSA 28.548. The conviction was affirmed by the Court of Appeals. We granted leave to consider several assignments of error.

Defendant contends that the trial court erred by failing to instruct on the lesser included offenses of first-degree felony murder. No requests for any such instructions were made at trial. In People v Henry, 395 Mich 367; 236 NW2d 489 (1975), we declined to require the trial court to instruct on lesser included offenses absent request by counsel in the ordinary case. We make a…