Homicide is the killing of one human being by another. Homicide is not a crime. In Michigan, it is murder and manslaughter that are crimes.
Defendant was charged with open murder in connection with a suicide death. Defendant filed a motion to quash the information on the ground that providing a weapon to a person who subsequently used it to commit suicide did not constitute the crime of murder. The motion to quash was denied by the circuit court. The denial was appealed.
Should the motion to quash be granted?
The court reversed the circuit court's decision to deny the motion to quash. The court determined that defendant did not have a present intention to kill, and that defendant provided the weapon and departed. The court noted that incitement to suicide had not been held to be a crime in two-thirds of the states of the United States, and no legislature classified such conduct as murder. The court also noted that it was not clear that incitement to suicide was ever considered murder at the common law. The court concluded that while it found the conduct of defendant morally reprehensible, it did not find it to be criminal under the present state of the law. The court determined that the legislature should decide the remedy.