People v. Lewis

185 N.W.2d 172, 28 Mich. App. 664, 1970 Mich. App. LEXIS 1266

Opinions

J. H. Gillis, P. J.

Defendant Joseph Lewis pled guilty to assault with intent to rob while being armed. MOLA § 750.89 (Stat Ann 1962 Rev § 28-.284). Defendant brings this appeal as of right, arguing that the plea of guilty was not properly taken, by the trial court and should be set aside.

The pertinent portions of the transcript are set forth in the concurring opinion. This case is controlled by People v. Hobdy (1968), 380 Mich 686; People v. Dunn (1968), 380 Mich 693; People v. Stearns (1968), 380 Mich 704; and People v. Winegar (1968), 380 Mich 719. As the Court noted in Dunn, supra, p 701:

“In conclusion, we cite again the court rule and statute cited in People v. Winegar (1968), 380 Mich 719; GCR 1963, 529.1, and CL 1948, §769.26 (Stat Ann 1954 Rev § 28.1096). The import of both the rule and the statute is that on review courts should be concerned with substance, not with form, that the fundamental inquiry is whether there has been a miscarriage of justice”.

This record does not disclose a miscarriage of justice.

Affirmed.

V. J. Brennan, J., concurred.