People v. Montgomery

Defendant, Leroy Montgomery, appeals his conviction upon a plea of guilty of assault with intent to do great bodily harm less than murder. MCLA 750.84; MSA 28.279. We affirm.

Montgomery contends that the judge should not have accepted his guilty plea because during the bench questioning Montgomery denied having entertained the requisite intent to do great bodily harm.

When Montgomery gave a negative reply to the judge’s question, "Did you know that you shot [the complainant] with the intent to injure him?”, the judge said he would not accept a guilty plea. Whereupon Montgomery said:

"But I…