People v. Smith

Defendant was convicted by a jury of assault with intent to murder. MCLA 750.83; MSA 28.278. He was sentenced to a term of from 7-1/2 to 20 years in prison and appeals.

At trial, Henry Thomas testified that on October 26, 1973, he was employed at the Standard station at Mack and St. Aubin in the City of Detroit when defendant drove into the station seeking service. Defendant stated that he wanted $2 worth of gas, claiming later to have asked for $3 worth of gas. The witness, who had pumped $2 worth of gas into defendant’s car, turned back the dials on the gas pump and proceeded to pump an…