PEOPLE v. PHILLIPS

Docket No. 10504.

37 Mich. App. 242 (1971)

194 N.W.2d 501

PEOPLE v. PHILLIPS

Michigan Court of Appeals.

Decided November 26, 1971.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Herman A. Saitz, Prosecuting Attorney (Thomas P. Policinski, on the brief, acting under GCR 1963, 921), for the people.

Arthur J. Tarnow, State Appellate Defender, and Peter J. Kelley, Assistant Defender, for defendant on appeal.

Before: FITZGERALD, P.J., and BRONSON and T.M. BURNS, JJ.


Leave to appeal denied, 386 Mich. 789.

PER CURIAM.

Defendant was convicted by a jury of a charge of assault with intent to commit murder. MCLA § 750.83 (Stat Ann 1962 Rev § 28.278).

The facts are not in dispute. Officer Schantz pulled his scout car alongside a red Fiat, following a report that it had been driven in an erratic manner. Defendant was asleep in the front seat. There was a strong intoxicating beverage odor, and defendant had apparently...

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