People v. Smith, Docket No. 62211
| Decision Date | 02 May 1979 |
| Docket Number | Docket No. 62211 |
| Citation | 277 N.W.2d 642,406 Mich. 945 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Samuel SMITH, Defendant-Appellee. 406 Mich. 945, 277 N.W.2d 642 |
| Court | Michigan Supreme Court |
ORDER
On order of the Court, the applications for leave to appeal and for leave to file cross-appeal are considered. In lieu of leave to appeal, pursuant to GCR 1963, 853.2(4), we REVERSE the judgment of the Court of Appeals, 85 Mich.App. 404, 271 N.W.2d 252, insofar as it ordered the defendant discharged on count one, charging delivery of heroin. The prosecution presented sufficient evidence to permit the jury to find the defendant guilty of count one. In all other respects the applications are DENIED. We REMAND the case to the Saginaw circuit court for a new trial on count one and do not retain jurisdiction.
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8 cases
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People v. Seabrooks
...119 Mich.App. 207, 326 N.W.2d 451 (1982); People v. Smith, 85 Mich.App. 404, 271 N.W.2d 252 (1978), rev'd on other grounds 406 Mich. 945, 277 N.W.2d 642 (1979); People v. Trammell, 70 Mich.App. 351, 247 N.W.2d 311 Other panels have found reversible error for failure to instruct sua sponte o......
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People v. Peery
...0 Mich.App. 351, 247 N.W.2d 311 (1976); and People v. Samuel Smith, 85 Mich.App. 404, 271 N.W.2d 252 (1978), rev'd on other grounds 406 Mich. 945 (1979), which conclude that a trial court is not obligated to instruct on a defendant's theory of the case when no request therefor is made or an......
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People v. Clay
...62 Mich.App. 756, 758, 233 N.W.2d 860 (1975); People v. Smith, 85 Mich.App. 404, 409, 271 N.W.2d 252 (1978), rev'd. on other grounds 406 Mich. 945 (1979). Under the rule promulgated in People v. Davenport, 39 Mich.App. 252, 256, 197 N.W.2d 521 (1972), where the people's case is based on cir......
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People v. Wilson
...247 N.W.2d 311 (1976); People v. Samuel Smith, 85 Mich.App. 404, 414, 271 N.W.2d 252 (1978), rev'd. in part on other grounds, 406 Mich. 945, 277 N.W.2d 642 (1979); People v. Peery, 119 Mich.App. 207, 326 N.W.2d 451 In the present case, defendant does not claim that a legally recognized defe......
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