(dissenting). I cannot agree with the majority opinion holding that it was reversible error for the trial court to advise the jury that the principal offense charged was a felony and the lesser included offense was a misdemeanor.
All during my own practice of law, the trial judge read the statute to the jury and if the *445statute referred to the offense as a felony or misdemeanor the court so designated it. Strong support for the latter practice is evidenced by the following excerpt from 169 ALR 315, 331, citing inter alia, People v Burk, 238 Mich 485; 213 NW 717 (1927):
"The general rule that where the law governing a case is expressed in a statute, the court not only may, but should, use the language of the statute in its charge to the jury (see 53 Am Jur 433, Trial, § 542), is frequently applied in criminal cases with respect to instructions defining or explaining the offense charged, and the propriety of employing the statutory language in this connection has frequently been upheld or recognized.”
The charge to which exception was taken in People v Burk, pp 487-488 (213 NW 718), stated in pertinent part:
"Now, the charge in the information is one of felonious assault, which I will call the major offense. If, after following the instructions of this court and applying the principles which I have given you here, you find that the defendant is not guilty of the crime of felonious assault, then it is for you to determine whether or not he is guilty of assault and battery, which I will call a minor offense. Then if, after applying all the principles of law, you find he is not guilty of assault and battery, then you are to determine whether or not he is guilty of simple assault.
"Battery, the person has to be — some damage has to be done to the person himself; some corporal hurt, in other words, an assault may be made without striking a person, like an attempt to strike. In other words, this is what we call the major crime, felonious assault. It is for you to pass upon that, first, determine whether or not in your opinion the defendant is guilty. After applying all the principles which I have given you, then take up the minor charge, if you find he is not guilty of that— assault and battery. Is there anything further?” (Emphasis supplied.)
*446Burk seems to me a stronger case than the instant situation. Yet the Supreme Court didn’t find the trial judge’s characterization of the charges as the "major offense” and the "minor offense” as reversibly erroneous.1 See also People v Cassiday, 4 Mich App 215, 216; 144 NW2d 676-677 (1966); People v Kennedy, 22 Mich App 524, 526-527; 177 NW2d 669, 670 (1970); People v Noyes, 328 Mich 207, 210-211; 43 NW2d 331, 333 (1950).
Any time the jury is instructed on a lesser included offense, an inferior offense, or an attempt, the possibility obviously exists that the jury may improperly consider the grieviousness of the offenses charged in determining the issue of guilt since such instructions always logically imply lesser culpability and a lighter sentence. The trial court’s instructing the jury that one offense charged is a felony and the lesser offense a misdemeanor would add nothing to the inherent possibility of jury abuse. Further, any possibility of abuse would be as equally beneficial to the defendant by allowing the jury to conclude guilt of the lesser charge in mitigation of possible punishment.
Additionally, defendant made no objection to the instructions as given, explicitly stating his satisfaction with the charge. Hence, the alleged error was waived in any event. The record suggests no miscarriage of justice.
I would affirm the verdict of the jury.
I recognize that the Burk court generally approved this instruction and did not specifically pass on the issue herein involved.