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PEOPLE v. CUMMINS

Docket No. 13198.

45 Mich. App. 601 (1973)

207 N.W.2d 150

PEOPLE v. CUMMINS.

Michigan Court of Appeals.

Decided March 27, 1973.

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 Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

John B. Phelps, Assistant State Appellate Defender, for defendant.

Before: T.M. BURNS, P.J., and BASHARA and ADAMS, JJ.

BASHARA, J.

Defendant was convicted by a jury of assault with intent to rob while armed1 and assault with intent to do great bodily harm less than murder.2 He was sentenced to concurrent terms of 10 to 20 years and 5 to 10 years imprisonment.

Defendant contends that the trial court improperly instructed the jury on the issue of intoxication.

In order to resolve this issue it is necessary for...

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