People v. Germain
| Decision Date | 01 April 1981 |
| Citation | 303 N.W.2d 740,411 Mich. 858 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Edward J. GERMAIN, Defendant-Appellant. CR 27-243. |
| Court | Michigan Supreme Court |
Now, therefore, the defendant's application is considered, and, pursuant to GCR 1963, 853.2(4), in lieu of granting leave to appeal, we REVERSE the Court of Appeals judgment because in the circumstances of this case the trial court's refusal to instruct the jury on manslaughter under M.C.L. § 750.329; M.S.A. § 28.561 was not harmless error. We REMAND the case to the Chippewa Circuit Court for entry of a judgment of conviction of the offense of manslaughter and for resentencing. If the prosecution is persuaded that the ends of justice would better be served by a retrial on the charge of second-degree murder, on notification to the trial court before resentencing, the trial court shall vacate the judgment and conviction and grant a new trial on the charge that the defendant committed the crime of second-degree murder.
The plaintiff's application for leave to appeal as cross-appellant is considered, and it is DENIED, because the Court is not persuaded that the question presented should be reviewed by this Court.
To continue reading
Request your trial
-
People v. Heflin
...subsequent discharge of the firearm." People v. Germain, 91 Mich.App. 154, 159, 284 N.W.2d 260 (1979), rev'd on other grounds 411 Mich. 858, 303 N.W.2d 740 (1981); 11 People v. Michael Fuqua, 146 Mich.App. 133, 139, 379 N.W.2d 396 (1985). Admittedly, if we agree with defendant and the two C......
-
Triplett v. Deputy Warden, Docket No. 76808
...on appeal. Defendant correctly notes that in Penn v. Dep't of Corrections, 100 Mich.App. 532, 298 N.W.2d 756 (1980), lv. den. 411 Mich. 858 (1981), this Court ruled that judicial review, as provided for under Sec. 101 of the APA, MCL 24.301; MSA 3.560(201), was applicable to a revocation of......
-
People v. O'Brien
...Miranda, 384 U.S. at 478, 86 S.Ct. at 1629; People v. Germain, 91 Mich.App. 154, 284 N.W.2d 260 (1979), rev'd on other grounds 411 Mich. 858 (1981). A police officer's question, prompted by a defendant's volunteered remark, falls under the same exception. People v. Leffew, 58 Mich.App. 533,......
-
Tocco v. Marquette Prison Warden, Docket No. 60692
...in contested cases do not apply to such hearings, Penn v. Dep't of Corrections, 100 Mich.App. 532, 298 N.W.2d 756 (1980), lv. den. 411 Mich. 858 (1981), the judicial review under the MAPA is defined by M.C.L. Sec. 24.306; M.S.A. Sec. 3.560(206), which "(1) Except when a statute or the const......