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PEOPLE v. SMITH

Docket No. 130245.

731 N.W.2d 411 (2007)

PEOPLE of the State of Michigan, Plaintiff-Appellant/Cross-Appellee, v. Randy R. SMITH, Defendant-Appellee/Cross-Appellant.

Supreme Court of Michigan.

May 23, 2007.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Thomas R. Grden, Assistant Prosecuting Attorney, Pontiac, for the people.

Robin M. Lerg, Troy, for the defendant.

Ronald Frantz, President, Kym L. Worthy, Prosecuting Attorney, and Timothy A. Baughman, Assistant Prosecuting Attorney, Detroit, for the Prosecuting Attorneys Association of Michigan, amicus curiae.

Before the Entire Bench.

CORRIGAN, J.

Defendant was charged with and convicted of second-degree murder, MCL 750.317, after he killed the victim with a single gunshot to the head. The trial court denied defendant's request to instruct the jury on statutory involuntary manslaughter, MCL 750.329. At issue is whether the trial court should have instructed the jury on statutory involuntary manslaughter because it is a necessarily included lesser offense of second-degree murder. We hold that the...

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