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PEOPLE v. LINDSEY

Docket No. 18670.

56 Mich. App. 458 (1974)

224 N.W.2d 273

PEOPLE v. LINDSEY

Michigan Court of Appeals.

Decided November 7, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James K. Miller, Prosecuting Attorney, and Donald A. Johnston, III, Chief Appellate Attorney, for the people.

Murphy, Neff & Burns, for defendant on appeal.

Before: ALLEN, P.J., and J.H. GILLIS and McGREGOR, JJ.

ALLEN, J.

Defendant appeals as a matter of right his conviction by jury July 31, 1973, of the crime of assault with intent to commit armed robbery. MCLA 750.89; MSA 28.284. He was sentenced to imprisonment for a term of 5 to 15 years.

On the night of May 4, 1973, Belton Shumpert was visiting a friend, Louis Burrell, in a house in Grand Rapids. With them was one Margaret Noel. About 1 a.m. Shumpert went downstairs to answer

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