People v. Gulley

261 N.W.2d 2, 78 Mich. App. 694, 1977 Mich. App. LEXIS 1241
Procedural entryThis page is a short order in People v. Gulley. Read the opinion of the Court — 66 Mich. App. 112
Michigan Court of Appeals·Decided August 16, 1977·No. Docket No. 26276·Published

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

261 N.W.2d 2 (People v. Gulley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Jones
246 N.W.2d 381 (Michigan Court of Appeals, 1976)