PEOPLE v. GARDNER

No. 30 January Term 1971, Docket No. 52,629.

385 Mich. 392 (1971)

189 N.W.2d 229

PEOPLE v. GARDNER

Supreme Court of Michigan.

Rehearing denied September 28, 1971.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.

Harold Koenigsberg (Justin C. Ravitz, of counsel), for defendant.


T.G. KAVANAGH, J.

The opinion of Judge HOLBROOK for the Court of Appeals succinctly postures this case:

"Defendants Johnnie Sylvester Gardner and Wavie R. Williams, Jr., were tried in a joint trial and convicted by a jury in the recorder's court for the city of Detroit, on June 16, 1967, of the crime of assault with intent to rob and steal being armed (CL 1948, § 750.89 [Stat Ann 1962 Rev § 28.284]) and the crime of assault with intent to commit...

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