People v. Spillman

Alfred Spillman was originally charged in a three-count complaint with the crimes of robbery armed, MCLA 750.529; MSA 28.797, unlawfully driving away a motor vehicle, MCLA 750.413; MSA 28.645, and assault with intent to commit murder, MCLA 750.83; MSA 28.278. The juvenile division of Wayne County Probate Court waived jurisdiction over the defendant to the Recorder’s Court for the City of Detroit.

At the close of the proofs, defense counsel moved to dismiss the count of robbery armed. The trial court granted that request but held that the facts would support the lesser included offense of…