People v. Van Wyck

On Rehearing

D. L. Munro, J.

In this matter the Court issued its decision on November 8, 1976, 72 Mich App 101; 249 NW2d 311, relating to the appeal of the defendant and thereafter considered the motion for a rehearing filed by the people, which motion was granted on January 19, 1977, and the parties have filed their briefs relating to the rehearing in this matter.

The question submitted to this Court on rehearing involves the issue of whether or not manslaughter is a necessarily included lesser offense to the crime of murder, requiring instructions to the jury where requested by the defendant,…