People v. Erwin

These defendants were tried on two counts; assault with intent to commit murder, MCLA 750.83; MSA 28.278, and armed robbery, MCLA 750.529; MSA 28.797. A jury convicted defendant Erwin of both counts and he was subsequently sentenced to prison terms of 12-1/2 to 25 years and 10 to 20 years, respectively. The same jury convicted defendant Kilgore of armed robbery only. He was sentenced to a prison term of 10 to 20 years. Both defendants appeal as of right.

Defendant Erwin raises the only issue meriting discussion: whether the instructions regarding the jury’s consideration of lesser included…