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PEOPLE v. STEELE

Docket No. 78562, (Calendar No. 14).

429 Mich. 13 (1987)

412 N.W.2d 206

PEOPLE v. STEELE

Supreme Court of Michigan.

Decided September 21, 1987.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, James P. Hoy, Prosecuting Attorney, and J. Ronald Kaplansky, Assistant Attorney General, for the people.

State Appellate Defender (by P.E. Bennett) for the defendant.

BRICKLEY, J.

In this case, we must decide whether the trial court was correct in denying the defendant's request for instructions on lesser included misdemeanor offenses. The defendant was charged with two counts of delivery of lysergic acid diethylamide (LSD). MCL 333.7401(1), (2)(b); MSA 14.15(7401)(1), (2)(b). He admitted possession and transfer, but claimed that he believed the substance to be mescaline — not LSD.1 The trial...

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