People v. Frank Johnson

I agree with the *441decision to affirm but write separately because I disagree with both the genesis and the resolution of the "split of authority” between People v Davenport, 39 Mich App 252; 197 NW2d 521 (1972), and People v Edgar, 75 Mich App 467; 255 NW2d 648 (1977).

The Davenport decision was not simply an aberrant doctrine from one panel of this Court. As the Edgar decision noted, in People v Fuller, 395 Mich 451; 236 NW2d 58 (1975), the Supreme Court held that "[i]t is for the trier of fact to determine if the prosecution has 'negate[d] every reasonable theory consistent with the…