People v. Phillips

Defendant was convicted by a jury of a charge of assault with intent to commit murder. MCLA § 750.83 (Stat Ann 1962 Rev § 28.278).

The facts are not in dispute. Officer Schantz pulled his scout car alongside a red Fiat, following a report that it had been driven in an erratic manner. Defendant was asleep in the front seat. There was a strong intoxicating beverage odor, and defendant had apparently been drinking quite heavily. Defendant was awakened and asked to identify himself and the vehicle. Some papers were handed to Schantz which failed to identify the defendant and were handed back.…