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12/18/75 PEOPLE v. MANN

December 18, 1975

PEOPLE
v.
MANN



T. G. Kavanagh, C. J. 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. Williams, J. (to concur).

SYLLABUS BY THE COURT

Opinion of the Court

1. -- Instructions to Jury -- Objections.

An instruction given to the jury which correctly states the law as applied to the case is proper even though counsel objects.

2. -- Aiding and Abetting -- Punishment.

This state has, by statute, abolished all common-law distinctions between principals and accessories to a crime; a person who aids and abets is guilty as a principal (MCL 767.39; MSA 28.979).

3. -- Aiding and Abetting -- Information -- Pleading.

An information which charges a defendant as a principal is sufficient to warrant conviction where the proofs show that defendant aided and abetted the crime (MCL 767.39; MSA 28.979).

4. -- Aiding and Abetting.

Aiding and abetting comprehends all words or deeds which may support, encourage or incite the commission of a crime (MCL 767.39; MSA 28.979).

5. -- Aiding and Abetting -- Proofs.

The conviction of a principal to a crime is not necessary to convict an accessory; however, the prosecution must prove that the crime was committed by someone and that the defendant either committed or aided and abetted the commission of that crime.

6. -- Instructions to Jury -- Aiding and Abetting.

A trial court on its own motion properly instructed the jury on aiding and abetting where there was evidence on the record to support the Conclusion that the defendant acted in concert with a friend in committing the crime.

7. Trial -- Instructions to Jury -- Duty to Instruct.

It is the duty of the trial Judge, without any requests from counsel, to see to it that a case goes to the jury in a clear and intelligent manner, so that they may have a clear and correct understanding of what it is they are to decide, and the Judge should state to them fully the law applicable to the facts.

8. -- Instructions to Jury -- Argument of Counsel.

Informing counsel of a proposed instruction on aiding and abetting after closing arguments of counsel is proper where the instruction is given on the court's own motion and is designed to prevent the jury from becoming confused and deciding the case on a false basis which was suggested by defense counsel's closing argument.

Concurring ...


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