People v. Embree
This text of 241 N.W.2d 753 (People v. Embree) 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.
Opinions
Defendant was charged with first-degree murder in a two-count information. Count I charged deliberate and premeditated murder; count II charged felony murder. Both offenses are specified in MCLA 750.316; MSA 28.548 as murder in the first degree. The evidence at trial supported both counts. The jury verdict was guilty of first-degree murder. Defendant was sentenced and this appeal followed.
The only issue raised that merits discussion is stated by defendant as follows:
’’Did the trial court’s instructions fail to adequately [43]*43 inform the jury as to their obligation to reach a unanimous verdict?”
This issue was not preserved for appeal, but it has been resolved contrary to defendant’s position, People v Fullwood, 51 Mich App 476, 481; 215 NW2d 594 (1974), lv den, 393 Mich 785 (1975). Furthermore, as stated in People v Sparks, 53 Mich App 452, 458; 220 NW2d 153 (1974), lv den, 393 Mich 135; 224 NW2d 481 (1974):
"Functionally, premeditation and the proof of a felony serve the same purpose, elevating an otherwise second-degree murder to the crime of murder in the first degree.”
Finally, "appellate courts should not reverse a conviction unless the error was prejudicial”, People v Robinson, 386 Mich 551, 562; 194 NW2d 709 (1972). If any error occurred, no prejudice has been shown.
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
241 N.W.2d 753, 68 Mich. App. 40, 1976 Mich. App. LEXIS 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-embree-michctapp-1976.