PEOPLE v. STUBBS

Docket No. 53275.

110 Mich. App. 287 (1981)

312 N.W.2d 232

PEOPLE v. STUBBS.

Michigan Court of Appeals.

Decided October 7, 1981.


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 Anne B. Wetherholt, Assistant Prosecuting Attorney, for the people.

Bell & Hudson, P.C., for defendant on appeal.

Before: D.C. RILEY, P.J., and CYNAR and H.R. GAGE, JJ.


PER CURIAM.

Defendant was originally charged with armed robbery, MCL 750.529; MSA 28.797, and possession of a firearm in the commission of or attempt to commit a felony, MCL 750.227b; MSA 28.424(2). Defendant was convicted of the lesser offense of felonious assault, MCL 750.82; MSA 28.277, after a jury trial and was sentenced to a term of one to four years in prison. He appeals as of right.

Defendant argues that the trial court erred in giving an instruction...

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