People v. Henry

Defendant was charged and convicted by a jury of breaking and entering with intent to commit larceny. MCLA 750.110; MSA 28.305. The Court of Appeals affirmed. 44 Mich App 290; 205 NW2d 498 (1973).

Defendant contends that the trial court committed reversible error in its instructions to the jury by affirmatively excluding lesser included offenses from the jury’s consideration. Defense counsel requested no instructions on lesser included offenses and did not object to the charge given.

We conclude that the affirmative exclusion doctrine will no longer be followed and that ordinarily a failure to…