People v. Till
| Decision Date | 19 June 1981 |
| Docket Number | No. 63311,63311 |
| Citation | 308 N.W.2d 110,411 Mich. 982 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Samuel TILL, Defendant-Appellee. 411 Mich. 982, 308 N.W.2d 110 |
| Court | Michigan Supreme Court |
On order of the Court, plaintiff-appellant's application for leave to appeal and defendant-appellee's delayed application for leave to appeal as cross appellant having been ordered held in abeyance pending decision in People v. Aaron (Docket No. 57376), People v. Wright (Docket No. 61194), and People v. Thompson (Docket No. 61140), and said decision having been issued on November 24, 1980, 409 Mich. 672, 299 N.W.2d 304.
Now, therefore, the application by plaintiff-appellant for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, we REVERSE the Court of Appeals judgment, 80 Mich.App. 16, 263 N.W.2d 586, in part, and reinstate defendant's conviction of first-degree murder. On this record it is unclear that defendant objected to a lack of lesser included offense instruction. The trial court was not under obligation to give, sua sponte, lesser included offense instructions. People v. Jenkins, 395 Mich. 440, 443, 236 N.W.2d 503 (1975).
The delayed application for leave to appeal as cross-appellant is considered, and it is DENIED, because the Court is not persuaded that the questions presented should be reviewed by this Court.
Justice Levin would grant leave to appeal to consider the retroactivity of People v. Aaron, 409 Mich. 672, 299 N.W.2d 304 (1980), for the reasons set forth in his dissenting statement in People v. Lonchar, 411 Mich. 923, 308 N.W.2d 108 (1981).
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