(DOWNLOAD) "People State Michigan v. Donald Mahaday" by Court of Appeals of Michigan # eBook PDF Kindle ePub Free
eBook details
- Title: People State Michigan v. Donald Mahaday
- Author : Court of Appeals of Michigan
- Release Date : January 09, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The defendant was convicted by a Detroit Recorder's Court jury of first-degree felony murder, MCL 750.316; MSA 28.548, and assault with intent to commit murder, MCL 750.83; MSA 28.278. He was sentenced to life for his conviction of first-degree felony murder and 15 to 20 years for his conviction of assault with intent to murder. The defendant appeals as of right pursuant to GCR 1963, 806.1, raising five claims of error, none of which require reversal. Defendant first claims that the trial court incorrectly defined malice by including language concerning a ""very high risk of death"" in its instructions dealing with first-degree felony murder and assault with intent to commit murder. The defendant's reliance on People v Milton, 81 Mich App 515; 265 NW2d 397 (1978), amended 403 Mich 821 (1978), is misplaced. Milton in no way purports to criticize or reject the ""risk"" language included in the definition of malice as an element of first-degree felony murder, second-degree (common-law) murder or assault with intent to murder. The issue in Milton was whether the court must specify in a first-degree premeditated murder case, when employing the ""risk"" language, that its application is limited to the lesser offense of second-degree murder. People v Johnson, 93 Mich App 667; 287 NW2d 311 (1979), People v Burgess, 96 Mich App 390; 292 NW2d 209 (1980). The Milton rule applies solely to proceedings wherein the defendant is charged with first-degree premeditated murder. It has no application to this case.
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