
    PEOPLE v. NICHOLSON
    Homicide — Eelony — Murder — Manslaughter — Instructions , to Jury.
    Trial court’s failure to instruct the jury that they could find the defendant guilty of first-degree murder on a theory of felony-murder was not error, even though the prosecution’s proofs would have supported a verdict of first-degree murder, where the information charged only manslaughter and where there was adequate evidentiary basis for a verdict of manslaughter (MCLA § 750.321).
    Reference for Points in Headnote
    53 Am Jur, Trial § 286.
    Appeal from Recorder’s Court of Detroit, Elvin L. Davenport, J. Submitted Division 1 August 11, 1970, at Lansing.
    (Docket No. 7,241.)
    Decided December 3, 1970.
    Kenneth F. Nicholson was convicted of manslaughter. Defendant appeals.
    Affirmed.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department and Luvenia D. Dockett, Assistant Prosecuting. Attorney, for the people.
    
      Burton L. Borden, for defendant on appeal.
    
      Before: Danhof, P. J., and Bronson and McGregor, JJ.
   Per Curiam.

Defendant was found guilty by a jtiry of manslaughter and sentenoed to 10 to 15 years in prison. The information filed, against dU* fendant charged only manslaughter» flOWgfer, the proofs offered by the prosieutiOfi WOtild ha¥0 Supported a verdict of murder ih the first degree on a theory of felony-murder. Defendant appeals On the basis that if the prOSeCutioh’S proofs were believed by the jury, he would be guilty of first-degree murder, not manslaughter,

There is no merit in the defendant’s contention that the judge should have instructed the jury on felony-murder, a greater crime than the one with which the defendant was charged. There was an adequate evidentiary basis for the jury to find the defendant guilty of manslaughter. Therefore, it was proper for the trial court to allow the jury to exercise its function as the trier of fa'ct.

Thfe Other errors raised by defendant to the trial court’s charge to the jury are of such an unsubstantial tinture that they could only be preserved •for review by a timely objection at the trial level. Finding no such objection, we will not hear any allegations of error for the first time on appeal. People v. Charles Jackson (1970), 21 Mich App 132.

Affirmed. 
      
       CL 1948, § 750.321 (Stat Aim 1954 Rev § 28.553).
     