People v. Branner

Defendant was charged on December 7, 1972, with assault with intent to commit murder, contrary to MCLA 750.83; MSA 28.278. He was tried and found guilty of that offense by a jury on February 23, 1973, and was sentenced, on March 30, 1973, to a term of 15 to 40 years.

Because the dispositive issue on appeal concerns alleged instructional error, and defendant concedes that there was sufficient evidence, if believed, to support the conviction, no extended discussion of the facts adduced at trial is necessary. Suffice it to say that the defendant allegedly choked, kicked and stabbed his estranged…