People v. Hale

On Remand

This case reappears before us by order of the Michigan Supreme Court on October 31, 1980, vacating our prior judgment at 96 Mich App 343; 292 NW2d 204 (1980) and remanding for reconsideration of the double jeopardy issue in light of People v Jankowski, 408 Mich 79; 289 NW2d 674 (1980).

Defendant was convicted of both felonious assault, MCL 750.82; MSA 28.277, and resisting arrest, a misdemeanor according to MCL 750.479; MSA 28.747, stemming from a fracas between defendant and Deputy Richard Miller of the Clare County Sheriffs Department when the latter attempted to arrest defendant…