PEOPLE v. MOORE

Docket No. 5,262.

16 Mich. App. 743 (1969)

168 N.W.2d 630

PEOPLE v. MOORE

Michigan Court of Appeals.

Decided April 21, 1969.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Martin B. Legatz, Prosecuting Attorney, for the people.

James J. Carras, for defendant.

BEFORE: QUINN, P.J., and McGREGOR and V.J. BRENNAN, JJ.


PER CURIAM:

Defendant was convicted of the crime of indecent liberties, CLS 1961, § 750.336 (Stat Ann 1954 Rev § 28.568) and sentenced to 3 to 10 years in prison. The statute, complaint and record encompass a possible finding of the included offense of assault and battery, yet the trial court refused a request to instruct the jury thereon. This was error necessitating reversal and remand for a new trial.

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