People v. Vaughn

Defendant was charged with felonious assault, MCL 750.82; MSA 28.277 (count 1), and felony-firearm, MCL 750.227b; MSA 28.424(2) (count 2). The information specifically charged that the firearm and the weapon used in the assault was a handgun. A Recorder’s Court jury returned a verdict of guilty of felonious assault and not guilty of felony-firearm. Defendant moved for a judgment n.o.v. on the grounds that the verdicts were inconsistent. The trial judge denied the motion and defendant, after being sentenced to 2 to 4 years in prison, appeals as of right. We reverse.

The complainant testified…