People v. Ivy

Defendant was convicted by jury verdict of assault with intent to rob being armed. CL 1948, § 750.89 (Stat Ann 1962 Rev § 28.284). He appeals, raising 3 questions.

Tbe first is whether the court below committed reversible error in failing to instruct the jury that one of the possible verdicts they could render was guilty of the lesser offense of felonious assault (CL 1948, § 750.82 [Stat Ann 1962 Rev § 28.277]), even though no such instruction was requested of the trial court.

The code of criminal procedure provides in pertinent part: i

“The failure of the court to instruct on any point of law…