People v. Rae

Defendant, James Alexander Rae, was charged with felonious assault contrary to MCL 750.82; MSA 28.277. He was convicted on May 4, 1978, in a bench trial, and sentencing was delayed for a period of time not to exceed one year. Defendant was subsequently sentenced to 90 days in jail. He now appeals as of right.

The pertinent facts surrounding the charged offense are as follows.

While Sgt. James Roy of the Michigan State Police was on desk duty during the early morning hours of September 18, 1977, he received a telephone call from an unidentified man who stated that there was a dead man in the…