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PEOPLE v. CHOATE

Docket No. 27550.

88 Mich. App. 40 (1979)

276 N.W.2d 862

PEOPLE v. CHOATE

Michigan Court of Appeals.

Decided January 16, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Rita Chastang, Assistant Prosecuting Attorney, for the people.

John A. Lydick, Assistant State Appellate Defender, for defendant on appeal.

Before: M.F. CAVANAGH, P.J., and D.E. HOLBROOK, JR., and N.J. KAUFMAN, JJ.

N.J. KAUFMAN, J.

Defendant was charged with assault with intent to murder, in violation of MCL 750.83; MSA 28.278. Following a jury trial held October 15-27, 1975, defendant was convicted of assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279, and was sentenced to a prison term of 3 to 10 years. He appeals as of right.

On appeal, defendant raises several claims of error. These deal with 1) instructions on self-defense,

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