PEOPLE OF MI V TERRELL SPENCER
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 30, 2001
Plaintiff-Appellee,
v
No. 219717
Wayne Circuit Court
LC No. 98-008423
TERRELL SPENCER,
Defendant-Appellant.
Before: Gage, P.J., and Cavanagh and Wilder, JJ.
GAGE, P.J. (concurring).
I believe that the evidence, which showed that defendant aimed a gun toward a large
group of people and fired the gun several times, supported an inference that defendant intended
either to injure these individuals or to place them in apprehension of an immediate battery.
People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). Therefore, I would conclude
that the trial court erred in denying defendant’s request to instruct the jury regarding the elements
of felonious assault as a cognate lesser offense of assault with intent to murder. People v
Sullivan, 231 Mich App 510, 517-518; 586 NW2d 578 (1998), aff’d 461 Mich 992 (2000);
People v Vinson, 93 Mich App 483, 486; 287 NW2d 274 (1979). Nonetheless, I agree with the
majority that in light of the jury’s finding of defendant’s guilt of assault with intent to murder, the
highest charge, instead of the lesser included, intermediate charge of assault with intent to do
great bodily harm less than murder, the trial court’s failure to instruct regarding felonious assault
qualifies as harmless error. Sullivan, supra at 520.
/s/ Hilda R. Gage
-1-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
