People v. Riley

After a jury trial the defendant was convicted of robbery armed. MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797). He now appeals raising four issues.

The defendant contends that the trial court erred in failing to give an instruction on lesser included offenses. Ordinarily we would summarily dispose of this type of issue on the basis that an instruction had not been requested. GCR 1963, 516.2, MCLA § 768.29 (Stat Ann 1954 Rev § 28.1052). However, *724because of the Supreme Court’s recent decision in People v. Lemmons (1970), 384 Mich 1, we believe that a more detailed discussion is necessary.

Lemmo…