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PEOPLE v. MAXWELL

Docket No. 9315.

36 Mich. App. 127 (1971)

193 N.W.2d 176

PEOPLE v. MAXWELL

Michigan Court of Appeals.

Decided September 28, 1971.

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.

Charles Burke, for defendant on appeal.

Before: DANHOF, P.J., and McGREGOR and QUINN, JJ.

Leave to appeal denied, 387 Mich. 779.

PER CURIAM.

The defendant was tried and convicted of assault with intent to rob being armed. MCLA § 750.89 (Stat Ann 1962 Rev § 28.284). He was sentenced to life imprisonment.

On appeal he claims reversible error occurred because the trial judge did not sua sponte instruct on lesser included offenses. There was no evidence on the record to support...

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