People v. Duncan

Frank Duncan was sentenced to a 15 to 30 year term of imprisonment, having previously pled guilty to the charge of robbery armed contrary to CLS 1961, § 750.529 (Stat Ann 1969 Cum Supp § 28.797). At the sentence proceeding-defendant mentioned to the court that he had been drinking immediately prior to the commission of the crime. A motion for new trial was denied, defendant contending that his remark during sentence gave rise to a question of fact concerning the existence of specific intent, a necessary element to the crime charged. Therefore, the trial court should have sua sponte set aside…