People v. Bates

Defendant was tried before a jury on a charge of assault with intent to do great bodily harm less than murder, MCLA 750.84; MSA 28.279. He was convicted of the lesser included offense of felonious assault, MCLA 750.82; MSA 28.277. He was sentenced to serve 4 years probation, to spend 90 days in jail, and to pay $200 in court costs. He appeals, and we affirm.

The charge stemmed from an altercation between the defendant and a complaining witness, the owner of a combination bar and hotel in which defendant rented a room. In the early morning hours of August 27, 1972, complainant encountered the…