People v. Maxwell, Docket No. 9315
| Decision Date | 28 September 1971 |
| Docket Number | Docket No. 9315,No. 1,1 |
| Citation | 36 Mich.App. 127,193 N.W.2d 176 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Willie MAXWELL, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Charles Burke, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Gerard A. Poehlman, Asst. Pros. Atty., for plaintiff-appellee.
Before DANHOF, P.J., and McGREGOR and QUINN, JJ.
The defendant was tried and convicted of assault with intent to rob being armed. M.C.L.A. § 750.89 (Stat.Ann.1962 Rev. § 28.284). He was sentenced to life imprisonment.
On appeal he claims reversible error occurred because the trial judge did not Sua sponte instruct on lesser included offenses. There was no evidence on the record to support an instruction on lesser included offenses and the court did not affirmatively exclude the jury from considering lesser included offenses. No reversible error occurred. People v. Membres (1971), 34 Mich.App. 224, 191 N.W.2d 66 and People v. Busby (1971), 34 Mich.App. 235, 191 N.W.2d 70. Additionally, the crime of attempted assault with intent to rob does not exist. People v. Patskan (1971), 29 Mich.App. 354, 185 N.W.2d 398.
The trial court did not err in sentencing the defendant to life imprisonment without specifying a minimum term. Elliott v. Michigan Department of Corrections (1955), 343 Mich. 681, 73 N.W.2d 298; M.C.L.A. § 750.89 (Stat.Ann.1962 Rev. § 28.284); and M.C.L.A. § 769.9 (Stat.Ann.1971 Cum.Supp. § 28.1081).
The jury instruction on specific intent was proper.
No argument or formal submission is necessary because the questions sought to be reviewed are so unsubstantial.
The motion to affirm is granted.
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...which by definition would include an attempt to attempt or offer." 29 Mich.App. at 357, 185 N.W.2d 398. See also People v. Maxwell, 36 Mich.App. 127, 193 N.W.2d 176 (1971); People v. Banks, 51 Mich.App. 685, 216 N.W.2d 461 (1974); People v. Matulonis, 60 Mich.App. 143, 230 N.W.2d 347 (1975)......
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