Opinion
No. 126104.
December 29, 2004.
SC: 126104, COA: 217454.
Leave to Appeal Denied.
Application for leave to cross-appeal is also denied.
On remand.
TAYLOR, C.J. I concur in the denial of leave to appeal because I believe the Court of Appeals reached the correct result. I write separately, however, to indicate that it appears the Court of Appeals erred in concluding that negligent vehicular homicide, MCL 750.324, is a necessarily lesser included offense of second-degree murder. Because the use of a motor vehicle is not an element of second-degree murder, negligent vehicular homicide cannot be a necessarily lesser included offense of that crime. I further note that pursuant to MCL 750.325 the Legislature requires that a jury be instructed regarding negligent vehicular homicide whenever the crime of manslaughter has been charged in connection with the operation of a vehicle.