People v. Alexander

Michigan Court of Appeals

People v. Alexander

190 N.W.2d 319, 33 Mich. App. 704, 1971 Mich. App. LEXIS 1825

CourtMichigan Court of Appeals

DecidedMay 21, 1971

DocketDocket 7750

StatusPublished

Cited by3 cases

This text of 190 N.W.2d 319 (People v. Alexander) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Alexander, 190 N.W.2d 319, 33 Mich. App. 704, 1971 Mich. App. LEXIS 1825 (Mich. Ct. App. 1971).

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Opinions

O’Hara, J.

Defendant was charged with and convicted of the crime of manslaughter.¹ The trial judge found it necessary to define all of the elements of the various degrees of homicide from murder through manslaughter. The crime of first-degree murder is defined by statute,² as is second-degree murder.³ The definition of second-degree murder is a negative one, to wit: “All other kinds of murder shall be murder of the second degree * * * .” The next highest degree of illegal homicide, manslaughter, is not even defined by statute and the courts must look to the common law for its definition. People v. Clark (1967), 5 Mich App 672. “Manslaughter” is the unlawful killing of another without malice, express or implied. People v. Clark, supra.

The various degrees of homicide were defined only to enable the jury to reach an intelligent verdict ; the trial judge told them as much. They were never instructed that they could find the defendant guilty of any of the higher crimes, and his claim of a “compromised verdict” is unpersuasive.

The conviction is affirmed.

Y. J. Brennan, P. J., concurred.

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O’Hara, J.

Defendant was charged with and convicted of the crime of manslaughter.¹ The trial judge found it necessary to define all of the elements of the various degrees of homicide from murder through manslaughter. The crime of first-degree murder is defined by statute,² as is second-degree murder.³ The definition of second-degree murder is a negative one, to wit: “All other kinds of murder shall be murder of the second degree * * * .” The next highest degree of illegal homicide, manslaughter, is not even defined by statute and the courts must look to the common law for its definition. People v. Clark (1967), 5 Mich App 672. “Manslaughter” is the unlawful killing of another without malice, express or implied. People v. Clark, supra.

The various degrees of homicide were defined only to enable the jury to reach an intelligent verdict ; the trial judge told them as much. They were never instructed that they could find the defendant guilty of any of the higher crimes, and his claim of a “compromised verdict” is unpersuasive.

The conviction is affirmed.

Y. J. Brennan, P. J., concurred.

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Bluebook (online)

190 N.W.2d 319, 33 Mich. App. 704, 1971 Mich. App. LEXIS 1825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alexander-michctapp-1971.

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