Legal Opinion · Dissent

People v. Smith

Michigan Court of Appeals

Decided April 26, 1976No. Docket 22097Published

1DissentM. J. Kelly, J.

Defendant was charged with robbery armed, contrary to MCLA 750.529; MSA 28.797, and found guilty by the trial judge of larceny from the person, MCLA 750.357; MSA 28.589. He was sentenced to a term of 2-1/2 to 10 years, and appeals of right.

Defendant argues that there was not sufficient evidence to support a finding of guilty beyond a reasonable doubt because there was no evidence that the taking was without the consent and against the will of the complainant, and because the required felonious intent was absent.

*555At trial, the complaining witness testified that the defendant approached him on…

2Cases cited10 opinions

  1. People v. DegraffenreidMichigan Court of Appeals · 1969
  2. People v. PhillipsMichigan Supreme Court · 1971
  3. People v. PetersonMichigan Court of Appeals · 1975
  4. People v. GouldMichigan Supreme Court · 1970
  5. People v. KremkoMichigan Court of Appeals · 1974

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