People v. Jenkins

Decision Date18 December 1975
Docket NumberNo. 1,1
Citation395 Mich. 440,236 N.W.2d 503
PartiesThe PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Donalda JENKINS, Defendant-Appellant. 395 Mich. 440, 236 N.W.2d 503
CourtMichigan Supreme Court

William L. Cahalan, Pros. Atty., Patricia J. Boyle, Principal Atty., Research, Training & Appeals, Gerard A. Poehlman, Asst. Pros. Atty., Detroit, for plaintiff-appellee.

Carl Ziemba, Detroit, for defendant-appellant.

T. G. KAVANAGH, Chief Justice.

Defendant was charged with first-degree felony murder and convicted by a jury. M.C.L.A. § 750.316; M.S.A. § 28.548. The conviction was affirmed by the Court of Appeals. We granted leave to consider several assignments of error.

Defendant contends that the trial court erred by failing to instruct on the lesser included offenses of first-degree felony murder. No requests for any such instructions were made at trial. In People v. Henry, Mich., 236 N.W.2d 489 (1975) we declined to Require the trial court to instruct on lesser included offenses absent request by counsel in the ordinary case. We make a sole exception for cases of first-degree murder.

In People v. Carter, Mich., 236 N.W.2d 500 (1975) we held that there are lesser included offenses to felony murder, and that every charge of first-degree murder necessarily includes the lesser offense of second-degree murder.

The statutory difference in the penalties provided for first-degree murder and second-degree murder are great. A person convicted of first-degree murder must be sentenced to life imprisonment and is not eligible for parole. A person convicted of second-degree murder may be sentenced to life imprisonment or for any term of years up to life, but that sentence is not mandatory. A person convicted of second-degree murder may be paroled. M.C.L.A. § 791.234; M.S.A. § 28.2304.

Because of the significant differences in the penalties between first- and second-degree murder, and because every charge of first-degree murder necessarily includes the lesser offense of second-degree murder, in every trial for first-degree murder, including felony murder, the trial court is required to instruct the jury Sua sponte, and even over objection, on the lesser included offense of second-degree murder. That was not done here. The trial court instructed the jury that they were to find the defendant either guilty or not guilty of first-degree murder. No mention was made of second-degree murder. M.C.L.A. § 768.32; M.S.A. § 28.1055 states that the jury may find the accused not guilty of the offense in the degree charged, and may find the defendant guilty of a lesser degree of that offense.

Defendant seeks reversal and a new trial for the failure of the court to instruct Sua sponte on lesser included offenses. We are persuaded, however, that in this case the...

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93 cases
  • People v. Fletcher, Docket No. 229092.
    • United States
    • Court of Appeal of Michigan — District of US
    • May 4, 2004
    ...did not support this instruction. We disagree. At the time of defendant's trial, the trial court was bound by People v. Jenkins, 395 Mich. 440, 442, 236 N.W.2d 503 (1975), overruled by People v. Cornell, 466 Mich. 335, 358, 646 N.W.2d 127 (2002), which required the trial court to always cha......
  • People v. Dykhouse
    • United States
    • Michigan Supreme Court
    • March 2, 1984
    ... ... All of the elements of second-degree murder are contained within the statutory crime of first-degree murder. Indeed a trial judge must sua sponte instruct on second-degree murder because it is always a lesser included offense of first-degree murder. People v. Jenkins, 395 Mich. 440, 236 N.W.2d 503 (1975). Nevertheless, the minority would reverse a first-degree murder conviction in this case by rejecting as erroneous jury instructions which reflect these principles ...         Although they seemingly concede that both first-degree murder and ... ...
  • People v. Aaron
    • United States
    • Michigan Supreme Court
    • December 22, 1980
    ...lesser included offense of first-degree murder. People v. Andrew Carter, 395 Mich. 434, 236 N.W.2d 500 (1975); 115 People v. Jenkins, 395 Mich. 440, 236 N.W.2d 503 (1975); People v. Paul, 395 Mich. 444, 236 N.W.2d 486 (1975). One obvious reason for this holding is that a jury is always enti......
  • People v. Crawl
    • United States
    • Michigan Supreme Court
    • August 29, 1977
    ...Second-degree murder is always a lesser included offense of first-degree murder." In the companion case of People v. Jenkins, 395 Mich. 440, 442-443, 236 N.W.2d 503 (1975), this Court declared that: "in every trial for first-degree murder, including felony murder, the trial court is require......
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