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PEOPLE v. WARD

Docket No. 172890.

211 Mich. App. 489 (1995)

536 N.W.2d 270

PEOPLE v. WARD

Michigan Court of Appeals.

Decided June 13, 1995, at 9:15 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Richard H. Browne, Acting Chief, Appellate Division, and Anica Letica, Assistant Prosecuting Attorney, for the people.

John A. Basch, for the defendant on appeal.

Before: BANDSTRA, P.J., and MURPHY and A.C. PERLOS, JJ.

PER CURIAM.

Defendant was charged with assault with intent to maim, MCL 750.86; MSA 28.281. At the preliminary examination, defendant's wife testified that, during the course of an argument, defendant grabbed her by the face, put his thumbs into her eyes, and said: "Now, I'm going to pop your eyeballs out." Nonetheless, after the defendant was bound over to the circuit court, this charge was dismissed. The circuit court reasoned that the crime of assault with intent...

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