PEOPLE v. IVY

Docket No. 2,628.

11 Mich. App. 427 (1968)

161 N.W.2d 403

PEOPLE v. IVY.

Michigan Court of Appeals.

Leave to appeal denied April 16, 1969.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

Arthur J. Koscinski, for defendant on appeal.


T.G. KAVANAGH, P.J.

Defendant was convicted by jury verdict of assault with intent to rob being armed. CL 1948, § 750.89 (Stat Ann 1962 Rev § 28.284). He appeals, raising 3 questions.

The first is whether the court below committed reversible error in failing to instruct the jury that one of the possible verdicts they could render was guilty of the lesser offense of felonious assault (CL 1948, §...

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