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PEOPLE v. SMITH

Docket Nos. 55835, 57238.

396 Mich. 362 (1976)

240 N.W.2d 245

PEOPLE v. HERBERT SMITH PEOPLE v. HAINES

Supreme Court of Michigan.

Decided April 1, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training & Appeals, and Gerard A. Poehlman and Ronald P. Weitzman, Assistants Prosecuting Attorney, for the people.

Herbert V. Smith, Jr., in propria persona.

Carl Ziemba for defendant Haines.

Decided April 1, 1976. Rehearing denied as to Haines 396 Mich. 991.

PER CURIAM:

The appeals of Herbert Van Smith, Jr., and Charles Haines present the question of what the trial judge must do when defense counsel merely requests that he instruct on "the lesser included offense".

Smith was convicted of unarmed robbery. His attorney said, "I am asking the court to charge the lesser included offenses", without...

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