People v. Hendrix

Bobby Jack Hendrix was charged with assault with intent to murder, MCLA 750.83; MSA 28.278 (Count I) and assault with intent to rob being armed, MCLA 750.89; MSA 28.284 (Count II). A jury found him not guilty on Count I and guilty on Count II. He was sentenced to a 10 to 20 year prison term and appealed as of right.

On March 26, 1976, this Court in an unpublished per curiam opinion remanded the case for a "Robinson hearing”.1 On July 26, 1976, a Robinson hearing was held and the court found that due diligence would not have produced the missing witness and, further, that her testimony in any…