R.B. BURNS, J.
Defendant was convicted by a jury of assault with intent to commit murder. MCLA 750.83; MSA 28.278. He appeals.
It was claimed that the defendant attacked the complainant, without provocation, with something that appeared to be a knife during a party. The defendant admitted being at the party, but claimed alibi in that he was in a different room at the time of the attack.
The jury was instructed regarding the defendant's theory as follows...
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