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PEOPLE v. McCORMICK

Docket No. 8838.

28 Mich. App. 550 (1970)

184 N.W.2d 536

PEOPLE v. McCORMICK

Michigan Court of Appeals.

Decided December 7, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Gerard A. Poehlman, Assistant Prosecuting Attorney, for the people.

Gilbert A. Donohue, for defendant on appeal.

Before: LESINSKI, C.J., and J.H. GILLIS and BEASLEY, JJ.

PER CURIAM.

Defendant Merle McCormick was convicted by a jury of armed robbery. MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797). This delayed appeal upon leave granted presents one issue for review.

Defendant contends the lower court erred by denying a requested jury instruction on the lesser included offenses of larceny from a person, attempted armed robbery, and assault and battery.

The prosecution's evidence showed that defendant entered...

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