People v. Herbert Ross

Defendant was charged in a two count information with assault with intent to murder 1 and assault with intent to rape. 2 Following a jury trial in Detroit Recorder’s Court defendant was convicted of both offenses. He was sentenced to a prison term of 20 to 30 years on the first count and 6-1/2 to 10 years on the second count. By order dated November 15, 1975, this court granted defendant’s application for delayed appeal.

Defendant raises three issues on appeal, only one of which merits discussion.

As to count 1 of the information the trial court instructed the jury that their verdict could be…