PEOPLE v. BOURNE

No. 22 January Term 1971, Docket No. 52,635.

385 Mich. 170 (1971)

188 N.W.2d 573

PEOPLE v. BOURNE

Supreme Court of Michigan.

Decided July 7, 1971.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.

Arthur J. Tarnow (Defenders' Office — Legal Aid and Defender Association of Detroit), for defendant on appeal.


ADAMS, J.

I concur with Justice T.E. BRENNAN. With regard to the two major issues raised on this appeal, the law is clear. A killing may be only manslaughter even though there is an intent to kill. The principle is set forth by Justice CAMPBELL in People v. Scott (1859), 6 Mich. 287, 295:

"Voluntary manslaughter often involves a direct intent to kill, but the law reduces the grade of the offense because, looking at the frailty of human nature...

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