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PEOPLE v. BURGESS

Docket No. 21310.

67 Mich. App. 214 (1976)

240 N.W.2d 485

PEOPLE v. BURGESS

Michigan Court of Appeals.

Decided February 9, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Raymond P. Walsh, Assistant Prosecuting Attorney, for the people.

Dennis H. Benson, Assistant State Appellate Defender, for defendant.

Before: McGREGOR, P.J., and BASHARA and ALLEN, JJ.

Leave to appeal denied, 397 Mich ___.

McGREGOR, P.J.

Defendant, Otis Burgess, was charged with assault with intent to commit murder (MCLA 750.83; MSA 28.278) but was convicted by a jury of the lesser included offense of assault with intent to do great bodily harm less than murder (MCLA 750.84; MSA 28.279). Subsequently, defendant was sentenced to a term of 2 to 10 years in prison. He now appeals as a matter of...

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