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PEOPLE v. JOESEYPE JOHNSON

Docket Nos. 58560, 60557. (Calendar Nos. 2, 3).

407 Mich. 196 (1979)

284 N.W.2d 718

PEOPLE v. JOESEYPE JOHNSON PEOPLE v. RING

Supreme Court of Michigan.

Decided October 29, 1979.

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 Timothy A. Baughman, Assistant Prosecuting Attorney, for the people in Johnson.

David H. Sawyer, Prosecuting Attorney, and Donald A. Johnston, III, Chief Appellate Attorney, for the people in Ring.

State Appellate Defender (by Kathleen M. Cummins) for defendant Johnson.

Varnum, Riddering, Wierengo & Christenson (by Dennis C. Kolenda) for defendant Ring.

MEMORANDUM OPINION. These consolidated cases, arising out of prosecutions for felonious assault, concern jury instructions on the mental element of the common-law offense of assault and the statutory offense of felonious assault.

The people's proofs at trial in Johnson and at the preliminary examination in Ring tended to show that in each case the defendant pointed a gun at the complainant but no shot was fired...

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