People v. Roshinsky

In the instant case this Court is again required to examine the issue raised in People v Lemmons, 384 Mich 1 (1970). The judge charged the jury that “the only two possible verdicts are the same as to each defendant: either guilty as charged or not guilty”. The defendant neither requested an instruction on lesser included offenses nor objected to the failure of the trial court to so instruct even though counsel was given an opportunity to so do. Counsel indicated satisfaction with the instructions.

*756This Court has uniformly read Lemmons literally, to require reversal only where the trial court…