People v. Van Wyck

On Remand

In People v Van Wyck, 402 Mich 266; 262 NW2d 638 (1978), the Supreme Court, holding that manslaughter was not a necessarily included lesser offense of murder, reversed our prior decision in People v Van Wyck, 72 Mich App 101; 249 NW2d 311 (1976), and People v Van Wyck (On Rehearing), 76 Mich App 17; 255 NW2d 754 (1977), and remanded the case for our determination of "whether the evidence adduced at trial would have been sufficient to support a jury verdict of guilty of the offense of manslaughter”.

The record contains slight but sufficient evidence to present a jury question. See…