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PEOPLE v. PHILLIPS

Docket No. 28262.

75 Mich. App. 690 (1977)

255 N.W.2d 733

PEOPLE v. PHILLIPS

Michigan Court of Appeals.

Decided May 17, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert J. Derengoski, Solicitor General, and Michael E. Dodge, Prosecuting Attorney, for the people.

Marshall S. Redman, Assistant State Appellate Defender, for defendant.

Before: D.E. HOLBROOK, P.J., and BASHARA and R.B. BURNS, JJ.

D.E. HOLBROOK, P.J.

Defendant appeals as of right from his November 20, 1975, nonjury conviction of assault with intent to commit murder, MCLA 750.83; MSA 28.278. This was defendant's third trial on this offense; two earlier jury convictions were reversed by this Court on the basis of erroneous jury instructions. 56 Mich.App. 607; 224 N.W.2d 656

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