People v. Handley

We again address the issue examined in People v Hurst, 396 Mich 1; 238 NW2d 6 (1976); People v Mays, 407 Mich 619; 288 NW2d 207 (1980); and People v West, 408 Mich 332; 291 NW2d 48 (1980): what may the trial judge properly say to the jury with regard to the order of its deliberations on the main charge and a lesser included offense?

I

The defendant was tried on charges of first-degree murder 1 and possession of a firearm during the commission of a felony. 2 The trial judge instructed the jury on possible verdicts of first-degree murder, second-degree murder, and manslaughter. As to how the jury…