People v. Stram

Count I of the information charged defendant with assault with intent to rob being armed, MCLA 750.89; MSA 28.284. Count II charged him with assault with intent to murder, MCLA 750.83; MSA 28.278. The jury convicted defendant as charged in count I and of the lesser included offense of assault with intent to do great bodily harm less than murder on count II. Sentence ensued and defendant appeals.

About 11:30 p.m. on February 28, 1969, defendant entered Sullivan’s bar in Detroit where complainant was tending bar. Defendant ordered a beer and shortly thereafter he went to the men’s room.…