D.E. HOLBROOK, JR., J.
Defendant was charged with felonious assault. MCLA 750.82; MSA 28.277. He was convicted by a jury on February 25, 1975, of the lesser included offense of simple assault. MCLA 750.81; MSA 28.276. Defendant was sentenced to one year's probation, the first 90 days to be served in the county jail. He now appeals as of right.
The incident occurred as the defendant was awaiting processing for an unrelated misdemeanor at the county jail. As...
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