People v. Phillips

Defendant appeals as of right from his November 20, 1975, nonjury conviction of assault with intent to commit murder, MCLA 750.83; MSA 28.278. This was defendant’s third trial on this offense; two earlier jury convictions were reversed by this Court on the basis of erroneous jury instructions. 56 Mich App 607; 224 NW2d 656 (1974), and 37 Mich App 242; 194 NW2d 501 (1971), lv den, 386 Mich 789 (1972).

The instant case involves the shooting of a police officer. At trial defendant did not contest that he had shot the victim. Defendant’s main defense was that he was too intoxicated to have formed…