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12/18/75 PEOPLE v. PAUL

December 18, 1975

PEOPLE
v.
PAUL



T. G. Kavanagh, C. J. Williams, Levin, Coleman, and Fitzgerald, JJ., concurred with T. G. Kavanagh, C. J. Lindemer and Ryan, JJ., took no part in the decision of this case.

SYLLABUS BY THE COURT

1. Homicide -- Felony Murder -- Lesser Included Offenses.

There are lesser included offenses in felony murder and if the evidence adduced at trial would support a conviction of a lesser included offense and the defendant has been afforded fair notice of the lesser included offense, the offense may be considered by the trier of fact (MCL 750.316; MSA 28.548).

2. Homicide -- Felony Murder -- Lesser Included Offenses.

A charge of felony murder, like any charge of first-degree murder, puts a defendant on notice that he must defend lesser included offenses of that charge (MCL 750.316; MSA 28.548).

3. Homicide -- First-Degree Murder -- Lesser Included Offenses.

Second-degree murder and manslaughter are lesser included offenses in first-degree murder (MCL 750.316; MSA 28.548).

The opinion of the court was delivered by: Kavanagh

David Paul was convicted in the Recorder's Court of Detroit, John R. Murphy, J., without a jury, of manslaughter. Defendant was charged in a one-count information with felony murder, but at the close of the evidence defense counsel expressly requested that the court consider the lesser offenses of manslaughter and killing a person by careless, reckless or negligent discharge of a gun. The Court of Appeals, R. B. Burns, P. J., and V. J. Brennan and Van Valkenburg, JJ., affirmed in a per curiam opinion (Docket No. 13364). Defendant appeals. Held:

1. A charge of felony murder, like any other charge of first-degree murder, puts defendant on notice that he must defend lesser included offenses of that charge.

2. Manslaughter is a lesser included offense in first-degree murder, and if evidence is adduced at trial to support a conviction of manslaughter and the defendant has been afforded fair notice of the lesser included offense, that charge may be considered by the trier of fact.

3. Defense counsel's requests for the court to consider lesser included offenses in a prosecution for felony murder were proper, and the court's consideration of those offenses and the resulting conviction of manslaughter were proper.

Affirmed.

David Paul and Randall Dirette were jointly tried for felony murder arising out of an alleged ...


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