Opinion
SC: 159619 COA: 340377
10-03-2019
Order
On order of the Court, the application for leave to appeal the April 16, 2019 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issues: (1) whether assault and battery is a necessarily included offense of assault with intent to commit murder; and if so (2) whether a rational view of the evidence in this case could support a conviction for assault and battery. The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.