Opinion

People v. Ora Jones

  • 395 Mich. 379
  • 236 N.W.2d 461
  • 1975 Mich. LEXIS 171
Court
Michigan Supreme Court
Filed
Dec 18, 1975
Status
Published
Author
Williams
On the bench
Coleman, Williams, Levin, Fitzgerald, Kavanagh, Ryan
Cited by
217 cases

Overruled on other grounds by People v. Cornell, 466 Mich. 335 (2002)

noting this Court's treatment of M.C.L. § 768.32, which permits an instruction on lesser offenses when supported by the evidence

How later courts described this case

  • noting this Court's treatment of M.C.L. § 768.32, which permits an instruction on lesser offenses when supported by the evidence
  • defining cognate offenses as lesser offenses that "share several elements, and are of the same class or category, but may contain some elements not found in the higher offense.”
  • decided December 18, 1975, after the trial herein
  • concurring opinion by Williams, J.

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by People v. Cornell, 466 Mich. 335 (2002)

    395 Mich 379 (1975), overruled by Cornell, 466 Mich at 357
    Michigan Supreme CourtJun 18, 20023 citing opinionsother groundsRead it
  • Overruled by People v. Hawthorne, 474 Mich. 174 (2006)

    236 NW2d 461 (1975), overruled by People v Hawthorne, 474 Mich 174
    Michigan Supreme CourtApr 26, 20062 citing opinionsRead it

The opinion

Williams, J.

(concurring). I concur with the majority opinion, but would make an additional comment. Since the information here arguably covered the elements of the cognate offense, the following question does not arise in this case, but I believe because of its relevance should be spoken to. I am concerned that the information must give notice of the cognate offense either in the original form or, if amendment is possible, in the amended information. If amendment is allowed, I would further be concerned whether or not there was such surprise that defendant should be entitled to an adjournment or, in an extreme situation, the court might feel that the charge so changed the complexion of the case that the defendant would not have been permitted to fairly develop his case and defend himself and thus would be denied a fair trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.