People v. Burgan

Defendant was charged in the Recorder’s Court for the City of Detroit with the crime of assault with intent to commit rape, CLS 1961, §750.85 (Stat Ann 1962 Rev §28.280). On June 24, 1969, defendant waived trial hy jury and pled guilty to the offense of attempted assault with intent to commit rape, CL 1948, § 750.92 (Stat Ann 1962 Rev § 28.287). His plea was accepted and defendant was sentenced to serve four to five years in the state penitentiary.

On appeal, the defendant contends that there is no such crime as “attempted assault with intent to commit rape.” He cites People v. David (1920),…