PEOPLE v. ROGERS

Docket No. 61879, (Calendar No. 9).

411 Mich. 202 (1981)

305 N.W.2d 857

PEOPLE v. ROGERS

Supreme Court of Michigan.

Decided May 18, 1981.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Paul G. Bruno, Assistant Prosecuting Attorney, for the people.

Beverly Clark for defendant.


WILLIAMS, J. (for affirmance).

We granted leave to appeal in this matter to determine whether the trial court reversibly erred in refusing to instruct the jury as to attempted uttering and publishing, when the facts adduced at trial arguably supported a conviction on either a completed or an attempted offense. We hold that such refusal constituted reversible error. The Court of Appeals is affirmed.

I

On April 20, 1976, defendant Jan C. Rogers...

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