People v. Boyd

• Court: Michigan Supreme Court
• Writing for the Court: LEVIN
• Citation: People v. Boyd, 315 N.W.2d 133, 412 Mich. 927 (Mich. 1982)
• Decision Date: 03 February 1982
• Docket Number: No. 66339,66339
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ancel BOYD, Defendant-Appellant. 412 Mich. 927, 315 N.W.2d 133

Page 133

315 N.W.2d 133

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ancel BOYD, Defendant-Appellant.

No. 66339.

412 Mich. 927, 315 N.W.2d 133

Supreme Court of Michigan.

Feb. 3, 1982.

ORDER

On order of the Court, the delayed application for leave to appeal is considered, and it is DENIED, because the Court is not persuaded that the questions presented 102 Mich.App. 112, 300 N.W.2d 760 should now be reviewed by this Court.

LEVIN, J., would grant leave to appeal and states as follows:

Although this Court does not ordinarily grant interlocutory appeals, I would do so in the instant case because the issues of statutory construction appear to be recurring. See People v. Wingo, 95 Mich.App. 101, 290 N.W.2d 93 (1980).

The statute (M.C.L. § 750.197c; M.S.A. § 28.394(3)) requires that the assault involve the use of violence, which is not an element of all criminal assaults. The assault here was offensive but not violent.

Appellant's further contention that the statute is limited to assaults for the purpose of escape raises...