People v. Cowans

Michigan Court of Appeals

People v. Cowans

165 N.W.2d 280, 14 Mich. App. 233, 1968 Mich. App. LEXIS 880

CourtMichigan Court of Appeals

DecidedNovember 25, 1968

DocketDocket No. 5,275

StatusPublished

This text of 165 N.W.2d 280 (People v. Cowans) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cowans, 165 N.W.2d 280, 14 Mich. App. 233, 1968 Mich. App. LEXIS 880 (Mich. Ct. App. 1968).

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Opinion

Per Curiam.

Defendant Henry Cowans was tried before a jury in recorder’s court for the city of Detroit and was found guilty on November 13,1967, of felonious assault in violation of CL 1948, § 750.82 (Stat Ann 1962 Rev § 28.277).

The appeal assigns as error (1) certain remarks made by the assistant prosecutor during his closing argument, (2) lack of specificity as to the time of the alleged assault, and (3) failure of the trial court to instruct the jury as to included offenses. The people file a motion to dismiss the appeal or to affirm the conviction.

[234]*234A review of defendant’s brief, tbe motion to dismiss or affirm, and the record discloses that no error was committed by the remarks of the assistant prosecutor, and that the matter was not saved for appeal by proper objections. The question as to time of the alleged assault may not be raised for the first time on appeal. CL 1948, § 767.51 (Stat Ann 1954 Eev § 28.991). The Court finds no reversible error in the instructions given to the jury by the trial court. People v. Earnest Thomas, 1 Mich App 444, 446.

Affirmed.

Lesinski, C. J., and T. Gr. Kavanagh and Quinn, JJ., concurred.

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Per Curiam.

Defendant Henry Cowans was tried before a jury in recorder’s court for the city of Detroit and was found guilty on November 13,1967, of felonious assault in violation of CL 1948, § 750.82 (Stat Ann 1962 Rev § 28.277).

The appeal assigns as error (1) certain remarks made by the assistant prosecutor during his closing argument, (2) lack of specificity as to the time of the alleged assault, and (3) failure of the trial court to instruct the jury as to included offenses. The people file a motion to dismiss the appeal or to affirm the conviction.

[234]*234A review of defendant’s brief, tbe motion to dismiss or affirm, and the record discloses that no error was committed by the remarks of the assistant prosecutor, and that the matter was not saved for appeal by proper objections. The question as to time of the alleged assault may not be raised for the first time on appeal. CL 1948, § 767.51 (Stat Ann 1954 Eev § 28.991). The Court finds no reversible error in the instructions given to the jury by the trial court. People v. Earnest Thomas, 1 Mich App 444, 446.

Affirmed.

Lesinski, C. J., and T. Gr. Kavanagh and Quinn, JJ., concurred.

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Bluebook (online)

165 N.W.2d 280, 14 Mich. App. 233, 1968 Mich. App. LEXIS 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cowans-michctapp-1968.

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