People v. Wansley

Defendant was charged and subsequently convicted by a jury of the crime of armed robbery contrary to MCLA § 750.529 (Stat Ann 1971 Cum Supp § 28.797). Defendant appeals as of right.

The only meritorious issue raised on appeal relates to the trial court’s instruction to the jury. At trial, defendant’s counsel did not request an instruction on specific included offenses, 1 nor was objection made to the trial court’s instruction. The testimony below established the commission of an armed robbery. This testimony was undisputed and unequivocal. Two witnesses identified defendant as the perpetrator…