People v. Sweet

Defendant was convicted by a jury of taking indecent liberties with a female child under the age of 16 years. MCLA § 750.336 (Stat Ann 1954 Rev § 28.568). Defendant appeals, claiming the trial court erred by failing to instruct the jury that the offense of assault and battery is a lesser included offense and that the evidence failed to establish the defendant’s guilt beyond a reasonable doubt.

Defense counsel did not formally request an instruction regarding the included offense of assault and battery, nor did he object to the trial judge’s instructions. He inquired from the court whether…