People v. Cazal

The issue is whether the rule announced in People v Chamblis, 395 Mich 408; 236 NW2d 473 (1975), applies when a trial judge sits as a trier of fact. We hold that the Chamblis rule is applicable only to jury trials.

I

Defendant was charged with four counts of felonious assault 1 arising from a shooting incident. Following a bench trial, the trial judge found defendant not guilty of felonious assault, but guilty of intentionally discharging a firearm aimed at another without malice. 2 The Court of Appeals vacated the conviction because it violated the Chamblis rule. 3

II

In Chamblis, supra, 429,…