PEOPLE v. STEVENS

Docket No. 78-1700.

92 Mich. App. 427 (1979)

285 N.W.2d 316

PEOPLE v. STEVENS

Michigan Court of Appeals.

Decided September 19, 1979.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Edward J. Grant, Prosecuting Attorney, and John L. Wildeboer, Assistant Prosecuting Attorney, for the people.

Jacobs & Engle (by Frederick J. Gentner), for defendant.

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


BASHARA, J.

The majority of this panel accepts the factual findings of Judge CAVANAGH. We differ in his conclusion that the pointing of an inoperable handgun loaded with live shells at the complaining witness does not amount to felonious assault.

The applicable statute, also set forth by Judge CAVANAGH, provides that one who assaults another with a gun, without intending to commit great bodily harm, is guilty of a felony. We agree that the statute should be...

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