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PEOPLE v. VanDIVER

Docket No. 31202.

80 Mich. App. 352 (1977)

263 N.W.2d 370

PEOPLE v. VanDIVER

Michigan Court of Appeals.

Decided December 22, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and John J. Hensel, Assistant Prosecuting Attorney, Chief of Appellate Division, for the people.

Richard B. Ginsberg, for defendant on appeal.

Before: QUINN, P.J., and V.J. BRENNAN and C.L. BOSMAN, JJ.

C.L. BOSMAN, J.

Defendant was charged with felonious assault, MCLA 750.82; MSA 28.277. On April 18, 1975, a jury found defendant guilty as charged and on May 2, 1975, he was sentenced to a term of 2 years and 8 months to 4 years imprisonment. He now appeals by right and we reverse.

The charge in this case arose out of events occurring on September 8, 1974. The complainant Angela Bowen, a 3-year-old girl had been playing with Kimberly Owens, a 7-year-old girl...

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