People v. Goldfarb

This is an appeal of right from a jury conviction of the offense of breaking and entering. MCLA § 750.110 (Stat Ann 1971 Cum Supp § 28. 305).

Objection is taken to the instruction that “there are only two verdicts you can return in this case. Either guilty as charged or not guilty”. This is the familiar Lemmons 2 argument.

Prior to Lemmons, it was the settled law of Michigan that (1) error could not be predicated on failure to charge as to lesser included offenses unless requested and (2) the trial court was not obligated to charge as to such offenses unless testimony was adduced which, if…