People v. Burgess

Defendant, Otis Burgess, was charged with assault with intent to commit murder (MCLA 750.83; MSA 28.278) but was convicted by a jury of the lesser included offense of assault with intent to do great bodily harm less than murder (MCLA 750.84; MSA 28.279). Subse quently, defendant was sentenced to a term of 2 to 10 years in prison. He now appeals as a matter of right.

Three of the issues raised by the defendant relate to the trial court’s instructions to the jury regarding defendant’s possible guilt as an aider and abetter.

After instructing the jury on the elements of the principal offense and…