People v. Counts

Defendant was tried in circuit court on an information charging assault with intent to do great bodily harm less than the crime of murder, in violation of Act No. 328, § 84, Pub. Acts 1931. (Comp. Laws Supp. 1940, § 17115-84, Stat. Ann. 1946 Cum. Supp. §28.279). Said information alleged that the assault was made by means of a dangerous weapon, to-wit, a 12-gauge shotgun, the same being loaded and cocked. The jury returned a verdict of the included offense of felonious assault and defendant was sentenced accordingly. He has appealed, alleging that errors occurred in the course of the trial…