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PEOPLE v. KELLY

Docket No. 15884.

51 Mich. App. 28 (1973)

214 N.W.2d 334

PEOPLE v. KELLY

Michigan Court of Appeals.

Decided December 28, 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 Gerard A. Poehlman, Assistant Prosecuting Attorney, for the people.

Harrison, Friedman & Roberson, for defendant.

Before: LESINSKI, C.J., and FITZGERALD and CARLAND, JJ.

PER CURIAM.

Defendant Walter C. Kelly was charged with armed robbery, MCLA 750.529; MSA 28.797. He was found guilty by a Wayne County Circuit Court jury and sentenced by the court. Defendant appeals.

The first question raised on appeal deals with the instructions given by the trial judge to the jury. The defendant alleges that the following instruction was prejudicial error:

"But, it is the law in this...

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