People v. Hughes

Defendant appeals as of right from a jury conviction of armed robbery contrary to MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28-.797). He contends that the trial court committed reversible error by failing to charge the jury on the lesser included offense of robbery unarmed and by failing to charge with respect to the credibility of complainant’s identification of him. Defendant also contends that the evidence was not sufficient to convict beyond a reasonable doubt.

The people have filed a motion to affirm. GCR, 1963, 817.5(3).

An instruction on the lesser included offense was not required…