People of Michigan v. Joseph Charles Fox

Summary

The Court reversed the portion of the Court of Appeals judgment concerning the refusal to instruct the jury on assault and battery and remanded for a new trial. The Court held that the prosecution waived its appellate challenge to treating assault and battery as a lesser-included offense, that a rational view of the evidence supported the requested instruction, and that the instructional error was not harmless. The Court denied review of the remaining issues.