People v. Maxwell

The defendant was tried and convicted of assault with intent to rob being armed. MCLA § 750.89 (Stat Ann 1962 Rev § 28.284). He was sentenced to life imprisonment.

On appeal he claims reversible error occurred because the trial judge did not sua sponte instruct on lesser included offenses. There was no evidence on the record to support an instruction on lesser included offenses and the court did not affirmatively exclude the jury from considering lesser included offenses. No reversible error occurred. People v. Membres (1971), 34 Mich App 224 and People v. Busby, (1971), 34 Mich App 235.…