People v. Herndon

Defendant appeals of right his December 10, 1975, jury conviction of assault with intent to commit armed robbery. MCL 750.89; MSA 28.284. On December 18, 1975, defendant was sentenced to a term of 15 to 30 years imprisonment.

The most significant issue raised in this appeal concerns whether the lower court erred when it permitted the complainant to make an in-court identification of defendant, where the complainant previously had identified defendant at a photographic display conducted at a time when he was in incarceration.

On September 1, 1975, the complainant was shot in the stomach by a man…