Opinion
No. 116967 (43).
October 31, 2000.
COA: 220283, Wayne CC: 99-000798
On order of the Court, the application for leave to appeal from the May 12, 2000 decision of the Court of Appeals is considered, and it is GRANTED. In addition to the issue raised in the applications, the parties are directed to brief the issues (1) whether legal impossibility is a viable defense under the circumstances of this case, and (2) whether the attempt statute, MCL 750.92; MSA 28.287, codified the legal impossibility defense as part of the common law of attempt, see People v Webb, 127 Mich. 29, 31-32 (1901). The application for leave to appeal as cross-appellant is also considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.