People v. Fountain , 392 Mich. 395 ( 1974 )

M. S. Coleman, J.

(concurring in part; dissenting in part). I agree with Justice T. G. Kavanagh that the Court of Appeals erred in its conclusion regarding the excused juror.

The issue relative to jury instructions on manslaughter and assault with intent to do great bodily harm less than murder was neither briefed nor argued before this Court by either party. We have held it to be outside our role to consider an issue not properly before the Court. Sinnott v Noble, 390 Mich 91; 211 NW2d 842 (1973).

I would reverse the Court of Appeals and affirm the convictions.

J. W. Fitzgerald, J., did not sit in this case.