PEOPLE v. KIMBALL

Docket No. 48798.

109 Mich. App. 273 (1981)

311 N.W.2d 343

PEOPLE v. KIMBALL.

Michigan Court of Appeals.

Decided September 9, 1981.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Larry J. Nelson, Prosecuting Attorney, and Mary C. Smith, Assistant Attorney General, for the people.

Thomas G. Power, for defendant on appeal.

Before: R.B. BURNS, P.J., and R.M. MAHER and J.T. KALLMAN, JJ.


R.M. MAHER, J.

Defendant was charged with and convicted of attempted unarmed robbery, MCL 750.530; MSA 28.798, MCL 750.92; MSA 28.287, at a bench trial conducted in early August, 1979. He was sentenced to a prison term of from three to five years and appeals by leave granted.

There is really very little dispute as to what happened on May 21, 1979, at the Alpine Party Store near Suttons Bay, Michigan. Instead, the dispute at trial centered on whether what took...

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