EDWARDS, J.
This is an appeal on leave granted by this Court from denial of a delayed motion for new trial. In 1948, defendant, then 19 years old, was charged in the superior court of Grand Rapids with the offense of robbery armed. On November 1, 1948, the prosecuting attorney moved to dismiss the original charge and filed a charge of assault with intent to commit robbery unarmed. Defendant's counsel thereupon entered a plea of guilty to this charge and
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