D.L. MUNRO, J.
On July 25, 1975, defendant was convicted by a jury of assault with intent to rob while being armed in violation of MCLA 750.89; MSA 28.284. Defendant was sentenced to a term of 5 to 15 years incarceration. He brings this appeal as of right.
On July 17, 1975 the defendant notified the prosecution that he intended to raise an alibi defense. Trial was scheduled for July 24th, thus, defendant was not in compliance with the 10-day notice requirement...
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