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PEOPLE v. JACOBS

Docket No. 9849.

37 Mich. App. 437 (1971)

195 N.W.2d 42

PEOPLE v. JACOBS.

Michigan Court of Appeals.

Decided December 9, 1971.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Edward G. Durance, Prosecuting Attorney, and Robert J. Rhead, Assistant Prosecuting Attorney, for the people.

Parker, Stapley & Ziegler, for defendant on appeal.

Before: R.B. BURNS, P.J., and LEVIN and T.M. BURNS, JJ.

MEMORANDUM OPINION.

Defendant was charged with assaulting a police officer. MCLA 750.479(a); MSA 28.747(1). He was convicted of assault and battery. MCLA 750.81; MSA 28.276.

After the jury retired for deliberation the trial judge informed the jury that it would be possible for them to find the defendant guilty on the lesser offense of assault and battery, and added:

"I am certain that this is an included offense in this charge. I am not trying...

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