People v. Gulley

Michigan Court of Appeals

People v. Gulley

261 N.W.2d 2, 78 Mich. App. 694, 1977 Mich. App. LEXIS 1241

CourtMichigan Court of Appeals

DecidedAugust 16, 1977

DocketDocket No. 26276

StatusPublished

This text of 261 N.W.2d 2 (People v. Gulley) 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. Gulley, 261 N.W.2d 2, 78 Mich. App. 694, 1977 Mich. App. LEXIS 1241 (Mich. Ct. App. 1977).

Pincite

Opinion

Per Curiam.

Defendant was found guilty of [695]*695robbery armed, contrary to MCLA 750.529; MSA 28.797, sentenced to life imprisonment and appeals.

The trial court refused to instruct on unarmed robbery as a lesser included oifense. That refusal constitutes reversible error, where the evidence would support a conviction on the lesser charge, People v Jones, 71 Mich App 270; 246 NW2d 381 (1976), where the existence of a weapon was in issue.

Reversed and remanded for a new trial.

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Per Curiam.

Defendant was found guilty of [695]*695robbery armed, contrary to MCLA 750.529; MSA 28.797, sentenced to life imprisonment and appeals.

The trial court refused to instruct on unarmed robbery as a lesser included oifense. That refusal constitutes reversible error, where the evidence would support a conviction on the lesser charge, People v Jones, 71 Mich App 270; 246 NW2d 381 (1976), where the existence of a weapon was in issue.

Reversed and remanded for a new trial.

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Bluebook (online)

261 N.W.2d 2, 78 Mich. App. 694, 1977 Mich. App. LEXIS 1241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gulley-michctapp-1977.

Opinion

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