People v. Phillips

Defendant was tried before a jury on a two-count information, ultimately being found guilty of the first charge, felonious assault, MCLA 750.82; MSA 28.277, and not guilty of the second charge, carrying a dangerous weapon with unlawful intent, MCLA 750.226; MSA 28.423. Both charges arose out of the same set of circumstances. Complainant testified that at 11 p.m. on the evening of Sunday, April 11, 1971, she was in the process of locking her car door when she heard footsteps behind her. She turned around to see a man six feet from her who said, "Don’t scream, you’ll be sorry”. He then pulled…