People v. Szymanski

Defendant was convicted by jury on May 8, 1979, of felonious assault, contrary to MCL 750.82; MSA 28.277. He was sentenced on June 26, 1979, to a prison term of two to four years and now appeals of right. Of the six issues raised by defendant on appeal, only one merits discussion.

Defense counsel at trial indicated to the trial court his belief that felonious assault is a specific intent crime. The trial judge replied that in his estimation felonious assault was not a specific intent crime and stated that he would so instruct the jury. Defense counsel subsequently filed a requested instruction…