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PEOPLE v. VAN WYCK

Docket Nos. 59946, 60102.

402 Mich. 266 (1978)

262 N.W.2d 638

PEOPLE v. VAN WYCK PEOPLE v. LIBBETT

Supreme Court of Michigan.

Decided February 27, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Craig S. Neckers, Assistant Prosecuting Attorney, for the people.

Street, Stevens, Schuler, Johnson, Hipkiss, Piasecki & Knowlton for defendant Van Wyck.

PER CURIAM:

The prosecutor has asked us, in each of these cases, to determine whether the Court of Appeals was correct in holding that voluntary manslaughter is a necessarily included offense within the crime of murder.

Robert Bruce Van Wyck was convicted by a jury in Kent circuit court of the second-degree murder of Lois McDonald. The jury was instructed on first-degree murder and second-degree murder. Defense counsel requested that the trial court also instruct...

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